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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

20 SEP 2011

R (on the application of Arben Draga) v Secretary of State for the Home Department (2011) (Admin)

Immigration – Accomodation – Representations

15 July 2011
Administrative Court
Neil Garnham QC

An ultra vires Order cannot be used by the state to justify what would otherwise be false imprisonment.
(1) The Claimant, Arben Draga, was a Kosovan national who challenged the lawfulness of his detention between 2nd August 2006 and 29th March 2007 and between 30th November 2007 and 30th September 2010 on the basis of the Hardial Singh principles.

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