CA-2024-002683-B - [2025] EWCA Civ 1107

As is clear from the previous paragraph, the background to the present application concerns events in about 2004. Ms Smalling-Small is a Jamaican national who had first come to the United Kingdom, it seems, at some time in 2003 on a student visa. An issue arose as to whether or not Ms Smalling-Small was an overstayer and was in the United Kingdom illegally and, if so, whether she should be removed from the United Kingdom and returned to Jamaica. The written chronology prepared by the applicant shows that she was detained on or about 5 May 2004. The papers supplied by Ms Smalling-Small contain an application for urgent consideration of a request for interim relief including bail and a stop on removal. That application appears to have been made on or about 27 May 2004. On about 28 May 2004 an order was made placing a stop on removal to enable the applicant to attend a bail hearing. In the papers, Ms Smalling-Small quotes from the court order and says it states “Stop Order on removal to attend bail hearing June 8, 2004 at Sheldon Court, 1 Wagon Lane, Sheldon, Birmingham”. A hearing took place on 8 June 2004 before a judge she describes as Justice Morris at Sheldon Court in Birmingham. The applicant says the application was granted. In context that must mean, in my judgment, that the application for bail was granted as the hearing was about whether Ms Smalling-Small should be granted bail.

The papers supplied by Ms Smalling-Small also contain parts of a claim form dated 28 May 2004 in which she applied for permission to bring a claim for judicial review. Section 3 of that claim form notes that the decision to be judicially reviewed was a notice to a person for removal. The date of that decision was given as 27 May 2004. The application for permission to apply for judicial review contained in the claim form of 28 May 2004 was considered by Collins J. on the papers. By an order dated 17 September 2004, Collins J. refused permission to apply for judicial review. In his observations, Collins J. said this:

“For the reasons set out in the Acknowledgment of Service, this claim is not arguable. The claim failed to include relevant material and does not put forward any grounds for concluding that there has been any error of law. Bail is refused. The Claimant can be removed forthwith.”

The applicant was removed to Jamaica in about November 2004.