http://www.telegraph.co.uk/news/uknews/terrorism-in-the-uk/8800492/Banned-preacher-can-seek-damages-over-illegal-arrest.html
Banned preacher can seek damages over illegal arrest
A banned Islamic preacher who entered Britain illegally following a Home Office blunder is entitled to seek damages after being detained unlawfully, a judge has ruled.
Sheikh Raed Salah was able to walk through immigration at Heathrow Airport unchallenged despite being banned by Theresa May, the Home Secretary, days before Photo: EPA
11:28PM BST 30 Sep 2011
Sheikh Raed Salah, a Palestinian activist, could receive thousands of pounds for being wrongfully imprisoned shortly after entering the country in June this year.
Mr Salah, 52, was able to walk through immigration at Heathrow Airport unchallenged despite being banned by Theresa May, the Home Secretary, days before.
His exclusion order had been sent to the wrong terminal at the airport allowing him to arrive unopposed. He was arrested three days later when the error was discovered.
Yesterday, the migration watchdog, Migration Watch UK, condemned the judge’s decision. Sir Andrew Green, its chairman, said: “It is quite extraordinary that someone who had no right to be in Britain in the first place should be able to claim damages for his arrest.”
Mr Salah, the leader of the Islamic Movement in Israel, flew to Britain on June 25 for meetings including an engagement at the Houses of Parliament. He was detained at his London hotel and taken to Paddington Green police station where he was held for 21 days.
The father of eight has now been granted the right to seek damages for “false imprisonment” after his lawyers said he had always planned to leave the country and his detention was therefore unnecessary. He also claimed his human rights were breached because the reasons for his detention were not explained in his own language.
Yesterday, Mr Justice Nicol, sitting at the High Court in London, ruled that Mr Salah was not given “proper and sufficient reasons” for his arrest on June 28 — “nor was he given them until some time on the 30th”. As a result he is entitled to damages for wrongful detention.
The amount of damages to which Mr Salah will be entitled could be several thousand pounds, said lawyers.
Judge Nicol rejected the claim that his detention as a whole was contrary to the statutory power to detain and contrary to the Home Secretary’s policy on detention pending deportation. Mr Salah is due to appeal against Mrs May’s decision to deport him in separate proceedings.
In the past, Mr Salah has been accused of inciting anti-Semitic violence. He has always denied the accusations.
A Home Office spokesman said: “We are pleased that the court has found that the Home Secretary used her powers correctly. The court decided that there was a technical problem when Mr Salah was initially detained.”
Yesterday, Mr Justice Nicol, sitting at the High Court in London, ruled that Mr Salah was not given “proper and sufficient reasons” for his arrest on June 28 — “nor was he given them until some time on the 30th”. As a result he is entitled to damages for wrongful detention.
The amount of damages to which Mr Salah will be entitled could be several thousand pounds, said lawyers.
Judge Nicol rejected the claim that his detention as a whole was contrary to the statutory power to detain and contrary to the Home Secretary’s policy on detention pending deportation. Mr Salah is due to appeal against Mrs May’s decision to deport him in separate proceedings.
In the past, Mr Salah has been accused of inciting anti-Semitic violence. He has always denied the accusations.
A Home Office spokesman said: “We are pleased that the court has found that the Home Secretary used her powers correctly. The court decided that there was a technical problem when Mr Salah was initially detained.”
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