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Victory ensures end of indefinite detention for Iranian client

Our client has spent most of the last three years in indefinite detention

Photo: istock

22 September 2010

The High Court has ordered the release of an Iranian national who has spent most of the last three years in indefinite detention under wide-ranging immigration detention powers.

Leigh Day & Co represented TT in a challenge to the Home Office’s decision to continue his detention despite the fact that he was unable return to Iran because the Iranian authorities refused to provide him with a travel document.

TT had made an application to the Iranian Embassy for an Emergency Travel Document to allow him to return to Iran as long ago as May 2007.  The application was supported by his original birth certificate and other identity documentation.  However, despite numerous attempts by the Home Office and TT himself to persuade the Iranian authorities to grant him an Emergency Travel Document – including high level diplomatic meetings – the Iranian authorities have declined to do so.

The Judge ruled that there was no prospect of securing TT’s return to Iran within a reasonable period and that this should have been clear to the Home Secretary several months ago. 

Documents disclosed in the course of the proceedings revealed the extent of the systemic problems in persuading the Iranian authorities to re-document and accept the return of their citizens.  Startling statistics reveal that in the last 10 years only 20% of applications to the Iranian authorities for an Emergency travel document are successful.  Where an application has been outstanding for more than 12 months, then the chances of one being granted are negligible.

The Home Office attempted to keep these statistics out of the public domain – arguing that they would affect diplomatic relations by casting the Iranian authorities in a bad light.  However, the application for confidentiality was refused by the Judge.

TT will now be released and receive compensation for his wrongful imprisonment.

For more information please contact Jamie Beagent on 020 7650 1200

Information was correct at time of publishing. See terms and conditions for further details.


Information was correct at time of publishing. See terms and conditions for further details.

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