Ghanaian asylum seeker suing British Home Secretary

11:55 a.m. Dec 15, 1999 Eastern

LONDON, Dec 15 (Reuters) - Home Secretary Jack Straw suffered a rare legal defeat in the High Court on Wednesday.

Overturning a decision by Straw to deport an asylum seeker, a judge held that the Home Secretary had ``misdirected'' himself in reaching his decision.

The case centred on 34-year-old John Quaquah, an asylum seeker from Ghana who, with a group of other asylum seekers from West Africa, is suing the Home Secretary and security company Group 4 for damages for alleged malicious prosecution.

Their claim follows the collapse at Oxford Crown Court last year of criminal proceedings against them on riot and disorder charges. The charges came in the wake of an alleged incident at Campsfield House, the country's biggest immigration detention centre, which is run by Group 4.

On Wednesday the judge, Michael Turner, ruled that the Home Secretary, in ordering Quaquah out of the country might, although unintentionally, have given the impression that he was putting difficulties in the way of Quaquah being able to proceed with his malicious prosecution case.

He said that this could give an impression of bias on the part of Straw in a case in which he himself was involved. He ordered that Straw should now reconsider the case. He also warned that any fresh decision on the matter must demonstrate that it did not create an appearance of bias.

He added that it was not obvious how a decision to grant Quaquah exceptional leave to remain in Britain would cause any significant disturbance to the system of immigration control.

Mark Scott, solicitor for Quaquah, said afterwards that his client was delighted with the outcome of the case and the fact that the court had recognised his right to seek redress through the courts on an ``even playing field'' in respect of his treatment at Campsfield.