Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Public law and Regulation

Case reports and guidance on public law and professional regulation issues

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.

To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).

To request a free trial click here and select Jordans Public Law online from the drop down menu.

Immigration and Nationality Law Reports

Immigration and Nationality Law Reports

An authoritative source of case reports covering every aspect of immigration, asylum and...

More Info from £164.00
Available in Lexis®Library
Education Law Journal

Education Law Journal

This title has now been discontinued.