Feridon Rostami is an Iranian Kurd who smuggled himself into Harwich in a truck in 2005. By 2006 his claims for asylum had failed and he was ordered to be deported. He escaped to Ireland and tried to claim asylum there, but was sent back to the UK. Since then he has mostly been in immigration detention.
The problem is that Rostami won't co-operate in the process to send him home. This is a criminal offence, and he was duly convicted and sentenced to eight months. Then he went straight back into immigration detention. He can't be let out with a tag, because he would remove it. He can't be let out with orders to report daily to a police station, because he would abscond. He still refuses to cooperate in some essential part of the process to deport him.
His latest appeal was heard by Mr Justice Foskett on 4th August. I'm not going to slate his Lordship's judgement; read the case yourself, look at the legal arguments and just think what you'd do in the circumstances.
The end result is that Rostami has now spent 34 months in detention and there is no realistic prospect of deporting him in the near future without his cooperation, and that without that prospect his continued detention cannot be justified. Judge Foskett therefore reluctantly ordered his release, but has given the Home Office 28 days, until the begining of September, to come up with something before his order takes effect.
The deportation process is clearly flawed, and this may be beyond our control - it seems the Iranian authorities will not take him back without the document that refuses to co-operate in creating.
Just what does a highly civilised, humane but grossly abused nation such as ours do in such circumstances?