As a direct access London based immigration barrister it is always a joy to get an injunction, particularly in circumstances where the Court has previously rejected such an application.
In this case I had a Sri Lankan who had, in my view, an arguable case, and certainly one that merited argument at an oral hearing. Permission was refused on the papers with there being no bar to removal.
For once, the Home Office acted with alacrity and sought to have the client removed. There was limited time and the Order from the Upper Tribunal was clear that renewal did not mean removal could not be effected.
The solicitors approached me and asked what to do, I explained that while this was going to be a difficult case to win, there having been a refusal from the Upper Tribunal, it was worth pursuing the matter to the High Court, particularly as in my view there was an aspect of illegality to the detention, though whether this ground succeeds I will added;
The matter came before the highly experienced Collins J who granted an injunction, albeit with the caveat that this did not mean that the client was ultimately going to win. However for the client it meant a further day in the UK and not in Colombo where he could have been arrested and at risk of the fourth floor of the Terrorist Investigation Department.
It was a good result and I am pleased that the Administrative Court retains its inherent jurisdiction to make such Orders.