I had a bail application yesterday for a detainee at Manchester IAC which fell under the new rules requiring SSHD’s consent for release. The judge only realised this after he had retired to consider his decision, prior to which it appeared very likely That the decision would have been a favourable one. The judge returned and said that his decision to release would be “useless as it was subject to the SSHD’s consent”, wrongly speculating that consent would inevitably be witheld. The HOPO, on hearing this then said that it would be unlikely that he would consent if bail was granted. Shockingly the judge then went on to refuse the bail, despite my best efforts to convince him that the whole decision making procedure had just been turned upside down! I hope this isnt a sign of things to come. I got my injunction on removal the next day thankfully.
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