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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

22 MAY 2012

R (on the application of HA (Nigeria)) v Secretary of State for the Home Department [2012] EWHC 979

Immigration - Detention - Medical treatment - Human Rights

The Secretary of State had failed to act in accordance with the policy concerning the detention of people with mental illnesses and had acted irrationally in continuing the detain the Claimant. The detention was contrary to the Claimant's rights under Article 3 of the European Convention on Human Rights.

17 April 2012

Administrative Court

Singh J           

(1)        By this claim, the Claimant, a Nigerian national, challenged the lawfulness of the decisions to continue to authorise his detention under s.36(1)(a) of the UK Borders Act 2007. The Claimant also challenged the conditions of that detention. The periods of detention challenged were 16 January to 5 July 2010 and 5 November to 15 December 2010. The Claimant was detained during these periods in various Immigration Removal Centres (IRCs). The Claimant exhibited symptoms of mental illness whilst being detained, and after a number of months was transferred to hospital for treatment. The period between his IRC detentions was therefore spent receiving in-patient hospital treatment for mental illness.

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