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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

20 JUL 2012

R (on the application of Akram) v Secretary of State for the Home Department [2012] EWHC 1432 (Admin)

Immigration - Detention - Delay

The Claimant no longer posed sufficient risk of absconding that his continued detention could be justified. Previous delays regarding his removal did not render his detention at that time unlawful.

9 May 2012

Administrative Court

Underhill J

(1)        The Claimant, Mr Akram a Pakistani national, entered the UK in December 2000 and claimed asylum. Following a conviction for grievous bodily harm, he absconded and was sentenced to four years imprisonment and a deportation recommendation was made. Following the expiry of his sentence, the Claimant's detention was maintained pursuant to para.2(3) of Schedule 3 of the Immigration Act 1971 and a deportation order was made.

(2)        During his detention, the UK Borders Agency had made efforts to arrange his deportation. However, difficulties were encountered as he had no travel or identity documents, and the Pakistani authorities were unwilling to provide these without adequate information to verify his identity.

(3)        The Claimant, by these proceedings, sought a declaration that his detention has been unlawful, and that his rights under article 5 of the European Convention of Human Rights were breached.

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