M v Home Office and another [1994] 1 AC 377<\/strong><\/p>\nAsylum; judicial review; contempt<\/p>\n
Facts<\/h3>\n
M was a citizen of Zaire (now Democratic Republic of the Congo) who arrived in the UK seeking asylum. His repeated applications were rejected, as were his applications for judicial review. Due to a misunderstanding, the judge mistakenly thought that counsel for the Secretary of State had given an undertaking that M\u2019s removal would be postponed pending consideration of his latest application. M was not eventually disembarked from his flight back to Zaire. Learning of M\u2019s deportation, the judge ordered his return. The Secretary of State, convinced that M\u2019s application for asylum was rightfully rejected, applied for the judge\u2019s injunction order to be set aside and cancelled M\u2019s return. M instituted committal proceedings against the Home Office and the Secretary of State for breaching the undertaking not to remove him.<\/p>\n
Issues<\/h3>\n
Simon Brown J, dismissing M\u2019s motion, found that section 21 of the Crown Proceedings Act 1947 <\/strong>kept the Crown\u2019s immunity from injunction, thus, Crown departments, ministers or officials acting in the course of their duties could not be impleaded for contempt of court. The Court of Appeal partially allowed M\u2019s appeal, finding the Secretary of State guilty of contempt of court. Both sides appealed.<\/p>\nDecision \/ Outcome<\/h3>\n
Even before the Crown Proceedings Act 1947 came into force, Crown officials could be personally liable for a tort committed or authorised by them, despite the action being carried out in their official capacity. In other words, injunctions can be granted against Crown officials acting in their official capacity \u2013 as authorised by section 31(2) of the Supreme Court Act 1981, albeit only in limited circumstances.\u00a0 Secondly, while the Crown itself cannot be found guilty of contempt of court, a minister in his official capacity can.<\/p>\n","protected":false},"excerpt":{"rendered":"
Asylum; judicial review; contempt. M was a citizen of Zaire (now Democratic Republic of the Congo) who arrived in the UK seeking asylum. His repeated applications were rejected, as were his applications for judicial review.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[85],"class_list":["post-5803","post","type-post","status-publish","format-standard","hentry","category-cases","tag-uk-law"],"yoast_head":"\n
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