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Following a failed asylum application and an attempt to abscond from removal, the Claimant and her family were put in pre-departure accommodation for more than 72 hours. The Claimant submitted that her removal with her children breached the s.55 Borders, Citizenship and Immigration Act 2009, that the detention was unlawful because it was in breach of the Secretary of State's own guidance, and that she was entitled to aggravated damages. The application was granted in part. The detention of the Claimant and her children had been unlawful from the outset. The Claimant was only entitled to nominal damages for the first 72 hours, but compensatory damages for her detention beyond that point.
26 January 2016
Elisabeth Laing J1. The Claimant had illegally entered the UK and eight years later claimed asylum. The Defendant Secretary of State refused that claim, and served her with notice of removal as an illegal entrant.
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ISSUES:5. The Claimant submitted that her removal with her children breached the s.55 Borders, Citizenship and Immigration Act 2009
DETERMINATION:8. The application was granted in part.
KEY PARAGRAPHS: [49-52]; ; ; [60-64]; [68-71]; .