Source: All England Reporter
Publisher Citation: [2010] All ER (D) 236 (Feb)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Nicola Davies J (Judgment delivered extempore)
Representation Shivani Jegarajah (instructed by Srinivasans) for the claimant.
  Sarabjit Singh (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 22 February 2010

Catchwords

Immigration - Deportation - Detention pending deportation - Claimant former Miss Ethiopia being detained pending removal to Eritrea - Secretary of State acknowledging detention on false basis - Claimant remaining in detention pending decision on whether to direct removal to Ethiopia - Release on immigration bail subsequently being granted - Whether any period of detention unlawful - Whether damages to be awarded for any period of detention found to be unlawful.

The Case

Immigration Deportation. The Administrative Court held that a sum of 4,000 would be awarded to the claimant, a former Miss Ethiopia, for a period of unlawful immigration detention in the United Kingdom, such period having been when removal directions to Eritrea were extant, but that the Secretary of State had been entitled to detain the claimant in respect of a subsequent period, namely, after the Eritrean directions were accepted to have been erroneous until the claimant's release on immigration bail, during which time a decision was pending on whether to direct removal to Ethiopia.

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