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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

08 DEC 2011

Huang, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2069 (Admin)

Immigration – Detention – Imminent removal – Notice

Failure to serve notice prior to detention pending deportation rendered the detention unlawful. Where there was no prospect of imminent removal, detention was again unlawful unless otherwise justified.
28 July 2011
Administrative Court
Graham Wood QC
(1) The Claimant was a national of Burma who also held a Chinese passport.  The Claimant has been seeking to remain in this country on asylum and humanitarian grounds, stating that because of her pro-democracy views and protests against the Burmese government she would be likely to suffer persecution were she to be returned to China, and from there to Burma. This case only concerns the lawfulness of her detention at an immigration centre between 3rd June 2009 and 3rd July 2009 and, 1st and 3rd April 2009.

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