In London’s High Court, Judge Dight decided that UK Border Force authorities’ detention of Indian student Manish Kumar at Manchester Airport was “unfair and fundamentally flawed.” Kumar’s plea for a lawyer was unlawfully denied by officials, the judge said. This instance highlights the importance of international students coming to the UK having their local address ready to give to immigration officers.
Due to Kumar’s failure to offer a UK residence and a fair explanation of his financial support, the immigration official disputed his authenticity as a student upon his arrival from Delhi on August 30, 2022. Kumar was detained and issued an IS81 form suspending his UK entry.
Kumar’s address and funding responses didn’t convince immigration officers after six hours in Terminal 1’s holding room. Zubair Awan, his solicitor, emailed Manchester Airport’s duty officer for interview notes, decision notices, and Kumar’s release. Awan’s request to interview Kumar’s solicitor was declined.
Kumar’s suitcase, backpack, and fingerprints were searched. Kumar was accused of feigning illness and refusing fingerprints. Officials described Kumar as uncooperative and unable to speak English, despite his assertions. Kumar’s 15-minute Terminal 2 interview on August 31 was abruptly ended. He withdrew after his solicitor was denied. Awan was allowed to interview via conference call with another customer who came on Kumar’s flight. Kumar sued in the high court on this disparity.
Kumar’s student visa was revoked, and he was scheduled to be deported to India on September 1. An urgent interim relief plea delayed Kumar’s removal for 48 hours. On September 5, a court review claim halted his removal. Kumar’s First Tier Tribunal bail application was denied due to a high risk of non-compliance. After carefully claiming asylum a day earlier, he was granted immigration bail on October 27, 2022.
Kumar appealed the immigration officials’ judgment, and Judge Dight concluded that Kumar’s “right of access to justice was not honored.” The judge found the officials’ labeling Kumar’s solicitor request an “unreasonable excuse for not cooperating with the interview process” improper. As with the second client detained at Manchester Airport, the officials could have allowed the counsel to join remotely in the interview, the judge said.
