Source: All England Reporter
Publisher Citation: [2010] All ER (D) 274 (Mar)
Neutral Citation: [2010] EWHC 625 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Langstaff J
Representation Heather Williams QC and Mark Henderson (instructed by Refugee and Migrant Justice) for the claimant.
  Jeremy Johnson and John-Paul Waite (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 19 February 2010

Catchwords

Immigration - Deportation - Detention pending deportation - Claimant Iraqi Kurd held in immigration detention since May 2008 - Secretary of State attempting to return claimant to Iraq on first charter flight to Baghdad for five years - Claimant and 33 other deportees refused entry on arrival by Iraqi officials and returned to UK on same flight - Claimant held in immigration detention on re-entry to the UK - Whether continued detention unlawful.

The Case

Immigration Deportation. Considering the claimant Iraqi Kurd's challenge to the lawfulness of his continued detention, the Administrative Court held that the fact that a period of detention had occurred whilst the applicant was pursuing an appeal or comparable judicial process would always be a highly relevant factor; a further highly relevant, if not conclusive, factor, was whether a detainee had failed to take advantage of voluntary repatriation. Having regard to all the circumstances and the evidence specific to the facts of the case, the court upheld the claimant's claim and ordered his release, subject to conditions.

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