Refusing to return to Zimbabwe: Court of Appeal confirms Home Office cannot compel a non-consenting returnee to lie to the Zimbabwean Embassy

In The Secretary of State for the Home Department v JM (Zimbabwe) [2017] EWCA Civ 1669 (25 October 2017), the Secretary of State appealed against the declarations made by Jay J on 15 July 2016  in JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin)  that:


  • she could not lawfully require JM under section 35 of the Asylum and iImmigration (Treatment of Claimants) Act 2004 to tell officials at the Zimbabwean Embassy that he agreed voluntarily to return to Zimbabwe; and

  • that he was entitled to substantial damages against the Secretary of State for unlawful immigration detention between 15 July 2014 and 25 May 2016 (save for the period between 21 April and 6 September 2015 when he was serving a sentence of imprisonment).

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