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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

08 DEC 2011

R (on the application of Belmihoub) v Secretary of State for the Home Department [2011] EWHC 2069 (Admin)

Immigration – Deportation – Hardial Singh

Detention is unlawful where there have been and continue to be considerable problems in giving effect to deportation.
28 July 2011
Administrative Court
Irwin J
(1) The Claimant was an Algerian national who entered the United Kingdom in 1997. He had a history of drug abuse, alcohol abuse, mental health problems and offending. He served a prison sentence between November 2008 and June 2009. On 5th June 2009, the Secretary of State wrote to the Claimant informing him that it was intended that his refugee status would be revoked due to his having committed a ‘particularly serious crime’. At the conclusion of the custodial period of his sentence, he was detained for the purpose of deportation. The Claimant consistently refused to assist the UK Border Agency in preparation of documents in order that he might be removed to Algeria.

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