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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

20 JUL 2012

C v Secretary of State for the Home Department [2012] EWHC 1543 (Admin)

Immigration - Detention - Hardial Singh

The Court held that there was no reasonable prospect of the Claimant's imminent removal and there were no exceptional circumstances to justify his continued detention.

22 June 2012

Administrative Court

Davies J

(1)        The Claimant's application for judicial review was a challenge to the legality of his immigration detention between 7 April 2008 and 29 March 2011.

(2)        The Claimant' challenge relied upon three grounds:

(a)        His detention was a breach of the Hardial Singh principles (R v Governor of Durham Prison ex parte Hardial Singh [1984] 1 WLR 704) as there was no realistic prospect of his removal within a reasonable period of time; and

(b)        The Defendant had failed to comply with her own policies on mental illness and torture.

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