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20 JUL 2012

R (on the application of LK (Somalia)) v Secretary of State for the Home Department [2012] EWHC 1229 (Admin)

Immigration - Detention - Hardial Singh - Reasonableness

The Claimant's detention was lawful up until a reasonable period had elapsed for the Defendant to consider how to apply the judgment of Sufi & Elmi v United Kingdom.

10 May 2012

Administrative Court

Geraldine Andrews QC

(1)        The Claimant, a Somali national, made an application for judicial review of his detention under Schedule 3, paragraph 2(2) of the Immigration Act 1971. Upon review, the Defendant had refused the Claimant permission to release him on the basis of his risk of harm, re-offending and absconding.

(2)        Both parties relied on the principles set out in R v Governor of Durham Prison, ex parte Hardial Singh [1984] 1 WLR 704. The Claimant primarily challenged his detention on the Hardial Singh principle that he could not be deported within a reasonable period of time. The Claimant challenged his detention by splitting it into periods:

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