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20 JUL 2012

R (on the application of Lamari) v Secretary of State for the Home Department [2012] EWHC 1630 (Admin)

Immigration - Detention - Hardial Singh - Mental Health Policy

There were held not to be the ‘very exceptional circumstances' required by the Defendant's policy on detaining those with mental health illnesses to justify the continued detention of the Claimant

18 June 2012

Administrative Court

Cotter HHJ

(1)        The Claimant challenged his immigration detention since 21 December 2010, the total detention period being 17 months at the time of the hearing. The Claimant has at no point appealed against deportation order to Algeria issued against him.

(2)        The Claimant argued that since the Algerian Embassy refused to accept him for return on 16  May 2011, his detention has been unlawful. It was submitted that due to the mental health problems of the Claimant, as per the Defendant's own guidance, he could only have been detained in exceptional circumstances. It was further averred that the Defendant had failed to act with reasonable diligence and expedition since May 2011. In accordance with the Hardial Singh principles (R v Governor of Durham Prison ex parte Hardial Singh [1984] 1 WLR 704), it was submitted that there was no reasonable prospect of the Claimant's removal within a reasonable period of time.

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