[2024] UKUT 00141 (IAC)

The applicant advances his case on four grounds, which have to some extent resolved over the course of time. Ground 1 is the submission that it is a breach of the applicant’s Article 8 rights to be the subject of continued use of a GPS tag. Ground 2 is the contention that the reviews of the applicant’s electronic monitoring condition were based upon factual errors and an irrational analysis based upon irrelevant factors. This ground has to some extent been overtaken by events, on the basis that the respondent has conceded that the reviews undertaken on 10^th October 2022 and 21^st April 2023 were unlawful and thus in respect of this ground the applicant is entitled to a declaration to give effect to this concession.

The applicant’s ground 3 is the submission that the collection of the applicant’s trail data for the purpose of his article 8 immigration claim is beyond the statutory power and unlawful. Again, this ground has essentially been overtaken by events since the respondent has explained that the respondent has not accessed data from the electronic monitoring for use in the applicant’s article 8 claim.

Ground 4 is a contention that the respondent had no lawful authority to impose an electronic monitoring condition and require the applicant to wear a GPS tag when it was inoperative and unable to send any consistent data to the respondent. It is submitted that requiring the applicant to wear a GPS tag which was not working was beyond the statutory power provided to enable the imposition of an electronic monitoring condition and, furthermore, not in accordance with the law or proportionate and therefore amounted to a breach of the applicant’s article 8 rights.