Home Detention Curfews, Prison Categorisation, Deportation and Judicial Review Challenges

In R (Sabbagh-Parry) v Secretary of State for the Home Department and Secretary of State for Justice [2026] EWHC 501 (Admin), Mr Justice Murray refused a serving prisoner’s application for an extension of time, permission to apply for judicial review, and interim relief. Matthew Howarth, instructed by the Government Legal Department, appeared for both defendants, while the claimant appeared in person.

The claim challenged three related decisions: the Home Office’s decision to pursue deportation action, and the Ministry of Justice’s decisions refusing home detention curfew and Category D status. Those prison decisions had been taken in light of the claimant’s immigration position and the Home Office’s notification that he was liable to deportation by reason of his criminal convictions.

The background was lengthy and complex. The claimant first entered the United Kingdom in 1997 as a child, was later included in a grant of indefinite leave to remain, but went on to accumulate a substantial criminal record, including serious drug offending. Most significantly, in 2022 he was convicted of conspiracies to supply class A and class B drugs and received a lengthy custodial sentence, later reduced by the Court of Appeal to 17 years on the class A counts.

In the judicial review proceedings, the claimant argued, among other things, that he was a stateless Palestinian, that deportation would interfere disproportionately with his Article 8 rights and those of his family, that he had lived in the UK for most of his life, and that the long-running uncertainty over his nationality made the continued deportation process unjust. He also contended that the prison decisions had been tainted by the Home Office’s position in the deportation process.

On behalf of the first defendant, Mr Howarth submitted that the challenge to the deportation process was premature because no Stage 2 deportation decision had yet
been made. The court accepted that submission, holding that the claimant would have an alternative remedy through the statutory appeal process if a final deportation decision were later made. The judge also concluded that there was, at this stage, no arguable claim of unlawful delay in reaching a Stage 2 decision.

The challenge to the prison decisions failed for the same essential reason. The court held that, while the current deportation proceedings remained in place, the Secretary of State for Justice was entitled to rely on them under the relevant statutory and policy framework when refusing both home detention curfew and Category D status. The judge further held that the claimant had not identified exceptional circumstances capable of undermining those decisions.

Although the court considered the claimant’s explanation for delay, including administrative confusion over whether the claim should be filed in the Administrative
Court or the Upper Tribunal, it held that the real issue was whether any ground of challenge had arguable merit. Because the court found that none of the grounds were arguable, it refused any necessary extension of time and dismissed the application for permission. Interim relief was also refused on the basis that there was no serious issue to be tried.

The court made costs orders in favour of both defendants, summarily assessing costs at £3,993 for the Secretary of State for the Home Department and £5,385.50 for the Secretary of State for Justice. The judgment is a useful illustration of the court’s approach to prematurity in deportation-related judicial review, the limits of public law challenge before a final immigration decision has been made, and the way ongoing deportation action can bear on prison categorisation and release decisions.

https://caselaw.nationalarchives.gov.uk/ewhc/admin/2026/501 

Matthew Howarth is a Band 1 Leading Junior in Adminstrative Law and Human Rights, as well as Immigration. He accepts instructions from Government Departments, NGOs and Individual Claimants. Should you have any queries and would like to instruct Mr Howarth, please contact Ty Price.