Source: All England Reporter
Publisher Citation: [2010] All ER (D) 18 (Aug)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Judge Pearl sitting as a deputy judge of the High Court (judgment delivered extempore)

Representation Graham Denholm (instructed by Arden Solicitors) for the claimant.
  Rory Dunlop (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 3 August 2010

Catchwords

Immigration - Detention - Unlawful detention - Claimant serving term of imprisonment - Secretary of State serving claimant with notice of decision to deport - Claimant being detained pursuant to decision to deport after concluding prison sentence - Secretary of State revoking deportation order - New decision to deport purportedly made but not served on claimant for several days - Whether Secretary of State having lawful authority to detain claimant pursuant to purported renewed decision - Whether claimant properly served with renewed decision -  3.

The Case

Immigration Detention. The Administrative Court held, inter alia, that on the facts and having regard to the and the relevant policy document, there had been lawful authority for the claimant's detention between 10 March and 1 October 2009.

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