| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 116 (Feb) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Sir Michael Harrison sitting as a deputy judge of the High Court |
| Representation | Ronan Toal (instructed by Bhatt Murphy) for the claimant. |
| Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 9 February 2010 |
Catchwords
Immigration - Detention - Unlawful detention - Claimant Somali national held in immigration detention for 30 months - Claimant instituting legal proceedings before European Court of Human Rights and asylum and immigration tribunal - Proceedings likely to take a further 18 months to two years to be resolved - Whether continued detention unlawful.
The Case
Immigration Detention. Applying settled law principles, the Administrative Court held that the claimant Somali national's continued detention under the was unlawful, where, in all the circumstances, it was clear that the defendant Secretary of State would not be able to deport the claimant within a reasonable time.
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