Colombian criminal can keep damages

A COLOMBIAN national certified as a danger to the public and convicted of crimes including blackmail, kidnapping and assault is entitled to general damages for unlawful detention, the Court of Appeal has confirmed.

But appeal judges reduced the period for which Isaias Gaviria-Manrique is entitled to an award. The reduction was won yesterday in an appeal by the Home Secretary against a 2014 ruling by a deputy High Court judge in favour of Gaviria-Manrique.

Judge Sycamore declared Gaviria-Manrique was entitled to general damages, as opposed to just a nominal amount, after a “procedural flaw” led to him being unlawfully detained for a period between Jan 21 and March 18 2008.

But the appeal judges ruled Gaviria-Manrique was only entitled to general damages from March 6, when it was appreciated the error had been made.

The Colombian was initially recommended for deportation after being jailed for five years at the Old Bailey in April 2003 for kidnapping and blackmail. An initial deportation order was signed in July 2005, but two months later he began a legal battle to remain in the UK on human rights grounds.

He had first arrived in the UK in May 1999 and made an unsuccessful application for asylum.

He was detained under immigration rules in November 2005, but released on bail in September 2006. His then partner gave birth to a child in September 2007.

In August 2007 he had been told the Home Secretary was proposing to certify him for deportation as “a danger to the UK community” under the Nationality, Immigration and Asylum Act 2012. But the procedural flaw meant there was a failure to serve on him a valid “appealable” notice related to the deportation decision.

Gaviria-Manrique was physically detained on Jan 21 2008 and removal directions served on him at the same time.

He continued his legal battle against removal by instructing a new solicitor, who unsuccessfully applied for time to lodge an appeal outside the normal deadline for lodging appeals.

He was eventually removed from the UK in February 2013.