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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 M) v Secretary of State for the Home Department [2012] EWHC 1112 (Admin)

Immigration - Hardial Singh - Removal - Detention

The Claimant's removal could not have been effected within a reasonable period, and as such, his detention was unlawful.

27 April 2012

Administrative Court

Elisabeth Laing QC

(1)        The Claimant sought judicial review of the decision to detain him made on 8 November 2007. The Claimant was granted bail in August 2010. The grounds for challenge were limited to the ‘third Hardial Singh ground', namely whether the decision became unlawful because it was clear that the Claimant's deportation could not be effected within a reasonable period.  The Claimant argued that it should have been obvious to the Defendant that it would not be able to deport the Claimant within a reasonable time. It was further submitted that the Claimant's detention had been pursuant to the unpublished and unlawful ‘Cullen policy'.

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