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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 AS (Lebanon)) v Secretary of State for the Home Department & Another [2012] EWHC 1349 (Admin)

Immigration - Detention - Healthcare

The court refused to issue a mandatory order requiring transfer of the Claimant to a psychiatric hospital as such orders should only be made against Ministers of the Crown in exceptional circumstances.

22 May 2012

Administrative Court

Lang J

(1)        The Claimant, a Lebanese national, sought judicial review of his detention pursuant to the Immigration Act 1971. He also sought an interim remedy in the form of either release or transfer to a psychiatric hospital.

(2)        The Claimant had been convicted of 11 criminal offences between 2008 and 2011, having entered the UK in 2006. A deportation decision was made on 13th February 2012. Due to a lack of valid identity documents, it was difficult to obtain authorisation for his removal to Lebanon.

(3)        The Claimant asserted that he was suffering from mental illness. He submitted that his detention was unlawful because:

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