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20 JUL 2012

R (on the application of Anam) v Secretary of State for the Home Department (No 2) [2012] EWHC 1770 (Admin)

Immigration - Detention - Hardial Singh - Removal

The Claimant's detention became unlawful upon there being no prospect of his removal within a reasonable period. Prior to this point, the failure to apply a policy as to the detention of persons with mental health issues did not result in substantial damages being available, because he could otherwise have been lawfully detained.

27 June 2012

Administrative Court

Walker J

(1)        The Claimant, Mr Ruhul Anam a Bangladesh national, challenged his immigration detention. The Claimant had been detained in April 2008, and had remained in detention since. The Claimant brought proceedings 3 years earlier based upon:

(a)        A breach of the Hardial Singh principles (R v Governor of Durham Prison ex parte Hardial Singh [1984] 1 WLR 704);

(b)        A failure to comply with a published mental health policy; and

(c)        A breach of Article 5 of the European Convention on Human Rights.

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