Deportation and Recall

I have an interesting scenario I could benefit from the forum’s advice. I have a client who was subject to s37/41 and was deported to Iraq (his home country) in 2012 after his conditional discharge. He arrived here on a false passport (I think by the English Channel) last year and detained pending deportation again. His mental health deteriorated in Home Office approved accommodation and was placed under S2 on 19th May this year. In June, while subject to S2, MOJ recalled him from 37/41, although mixed info in reports also refer to now being subject to Section 42. MOJ now triggered an automatic tribunal following his recall. Can he be recalled after his deportation to Iraq in 2012, having returned 9 years later? Also seems very odd to me that the S2 was initially imposed and then ran concurrent following the recall. A Rule 11(7)b is in place as there are capacity issues but he is currently able to instruct he wants to return to Iraq. Advice greatly appreciated on the legality of this scenario and how one would proceed in tribunal.

Leaving aside the merits of the case, I can’t see why there’s anything automatically unlawful about this.

Restricted status is no bar to the use of s2, or vice versa - see R (Stewart) v Managers of the NW London MH NHS Trust [1997] EWCA Civ 2201 - Mental Health Law Online

Absent any express provision to the contrary, the obvious implication is that restrictions persist until actively discharged. A patient would not end them by fleeing the country, so why would deportation ? The public safety purpose within the UK remains, precisely because of the possibility of return.

The only express provision in the MHA about the effect on restrictions of being out of the country is s91(2) - which provides that a restriction order continues even if a patient is removed under s86. But that is only there as an exception to the general rule in s91(1) that removal from England and Wales under Part 6 of the MHA brings apications, orders etc to an end.

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Thanks Richard for your helpful input.