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29 OCT 2012

R (on the application of EH) v Secretary of State for the Home Department [2012] EWHC 2569 (Admin) (2012) PLLR 130


Immigration - Healthcare - Detention - Mental Illness

The Defendant had unlawfully failed to consider her policy regarding detaining those suffering from mental illness, however the Defendant's continued detention could otherwise had been justified.

27 September 2012

Administrative Court

Lang J

1.         By way of judicial review, the Claimant, a Rwandan national, challenged:

(a)        the Defendant's refusal to grant him leave to remain and to treat his representations as a fresh claim;

(b)        the Defendant's decision to remove him from the United Kingdom; and

(c)        the decision dated 19 October 2010, which had the effect of detaining him, and maintaining his continued detention until his release on 1 March 2011.

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