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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

08 DEC 2011

S, R (on the application of) v The Secretary of State for the Home Department [2011] EWHC 2120 (Admin)

Immigration – Mental illness – Detention – Article 3

The Secretary of State should have properly considered all the objective evidence in determining whether a mentally ill person exceptionally justified detention pursuant to deportation.
5 August 2011
Administrative Court
David Elvin QC
(1) The Claimant, an Indian national known as S, was an individual who was known to suffer from mental health issues. On 13 May 2009, he made an asylum application, which was refused. The Claimant was detained pending deportation from April 2010 to September 2010, after which he was released on bail. He was bailed pursuant to an order of the Administrative Court dated 21 September 2010. By this claim, he sought judicial review of his detention which had been ordered by the Secretary of State for the Home Department, acting through the UK Border Agency. The Claimant submitted that his rights under Articles 3, 5 and 8 ECHR had been violated through his detention. 

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