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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

02 MAR 2012

Moussaoui, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 126 (Admin)

Immigration – Detention – Deportation – Hardial Singh

The failure to provide the Claimant with reasons for his detention rendered the detention unlawful. However, the Claimant was only awarded nominal damages as he would have been otherwise lawfully detained.
3 February 2012
Administrative Court
Lindblom J
(i) The Claimant is a national of Algeria who sought judicial review of his detention by the Defendant pursuant to the powers contained in the Immigration Act 1971. The Claimant was detained on 17 May 2010 and his request for bail was refused by an Immigration Judge in October 2010, the Defendant opposing his bail. On 22nd October 2010, the Defendant served the Claimant with an order for his deportation.  The Claimant appealed against this deportation and his continued detention.

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