Illegal immigrant who had false ID to get detention payout

Home Office officials broke rules because they detained Amada Bizimana when there was no reasonable prospect of deporting him, the Court of Appeal concluded.

Appeal judges Lord Justice Pill, Lord Justice Jackson and Lord Justice Sullivan said a High Court judge would decide how big a damages payout Mr Bizimana, who “entered the UK clandestinely” nine years ago, would get unless he could reach agreement with the Home Office.

Mr Bizimana took legal action against the Home Office nearly three years ago, claiming he had been unfairly treated.

A High Court judge dismissed his claim for a judicial review last May and said detention was lawful.

He challenged that ruling at a Court of Appeal hearing in London last month and appeal judges ruled in his favour yesterday.

The court heard his legal action had been publicly funded.

Lord Justice Jackson said Mr Bizimana claimed asylum on August 29 2003 and told immigration officials he was from Burundi, east Africa, was born on January 12, 1979 and had “entered the UK clandestinely on 28th August 2003”.

Home Office officials had rejected Mr Bizimana’s asylum claim and an appeal was dismissed – then, in 2006, he was listed as an “absconder”.

But Lord Justice Jackson said while the asylum claim progressed – and while he was an “absconder” – Mr Bizimana fathered a child by a woman who also claimed to come from Burundi.

The child, born in 2007, automatically became a British citizen and the woman had been allowed to stay in the UK, added the judge.

In March 2008, Mr Bizimana was given a 12-month prison term at Coventry Crown Court after being convicted of possessing false identity documents. He was released from prison on licence in September 2008 and transferred to “immigration detention” as Home Officials tried to deport him.

But they could not do so because they were unable to confirm his nationality.

In late 2009, he started the present proceedings. He was released from detention on bail in June 2010 by an immigration judge – a move opposed by the Home Office.

Lord Justice Jackson said: “In my view, by late January 2010 it had become apparent that the Secretary of State would not be able to effect deportation within a reasonable period.”