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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

06 SEP 2012

R (on the application of Mahmoud) v Secretary of State for Home Department [2012] EWHC 2201 (Admin)

Immigration - Hardial Singh - Deportation - Delay

The Claimant's continued detention order remained lawful because it was likely that the outcomes of a rehearing of HM (Iraq) and his own appeal would not constitute an obstacle to the prospects of him being removed.

27 July 2012

Administrative Court

Nicholas Paines QC

(1)        This was a final judgment following an oral judgment delivered on 28 May 2012 in which the Court determined that the Claimant's detention from April 2008 had been mostly lawful, although nominal damages were awarded for a period where he was maintained on the basis of a mistaken belief as to his nationality. At the time of the previous judgment, the Court did not feel able to conclusively rule on the lawfulness of detention as the date of the Court of Appeal hearing setting aside the Upper Tribunal's decision in the case of HM (Iraq) had not yet passed.

(2)        The Claimant's initial challenge to his detention had been made on the basis of the Hardial Singh principles. The Claimant relied upon the notice of detention given to him, which gave the likelihood of absconding as a reason for detention, and failed to address prospects of his deportation.

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