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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 S) v Secretary of State for the Home Department [2012] EWHC 1939 (QB)

Immigration - Detention - Hardial Singh - Mental Illness

The Claimant had been unlawfully detained because there was a failure to have regard to the policy concerning the detention of persons with mental illnesses. Further, the detention became unlawful at the point that there was no longer any reasonable prospect of the Claimant being deported to Togo.

16 July 2012

Administrative Court

Lang J

(1)        The Claimant sought judicial review of his detention pending removal to Togo. The Claimant's grounds for challenge were:

(a)        the Defendant failed to apply her policy in relation to detention of the mentally ill;

(b)        the Defendant's length of detention was unreasonable because: (i) there was no realistic prospect of removal due to Tongolese authorities lack of co-operation; and (ii) the Claimant had applied to revoke his deportation order in November 2010.

(c)        In re-formulating the policy, the Defendant failed to comply with the statutory equality duty.

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