| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 54 (Dec) |
| Neutral Citation: | [2009] EWHC 3136 (Admin) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Collins J |
| Representation | Shivani Jegarajah (instructed by Dare Emmanuel Solicitors) for the claimant. |
| Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 8 September 2009 |
Catchwords
Immigration - Detention - Unlawful detention - Claimant Somalian arriving in United Kingdom and later granted indefinite leave to remain - Claimant being convicted of indecent assault and sentenced - Secretary of State deciding that his removal necessary - Claimant's appeal rejected - Asylum and Immigration Tribunal dismissing reconsideration - Claimant convicted for breach of suspended sentence and sentenced further - Claimant held under immigration detention by Secretary of State and deportation order made - Claimant obtaining European Court of Human Rights Rule 39 indication - Whether detention lawful.
The Case
Immigration Detention. The Administrative Court held that the Asylum and Immigration Tribunal had been correct to dismiss the claimant's appeal against removal. However, he had been detained for 26 months, and in all the circumstances, further detention of the claimant would not be justifiable.
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