Source: All England Reporter
Publisher Citation: [2011] All ER (D) 15 (Nov)
Neutral Citation: [2011] EWCA Civ 1238
Court: Court of Appeal, Civil Division
Judge:

Maurice Kay VP, Arden and Patten LJJ
Representation Michael Fordham QC and Tim Buley (instructed by Pierce Glynn) for the appellants.
  Jonathan Swift QC and Julie Anderson (instructed by the Treasury Solicitor) for the Secretary of State.
  Paul Bowen and Alison Pickup (instructed by the Migrant's Law Project) for the intervening party.
Judgment Dates: 1 November 2011

Catchwords

Immigration - Detention - Unlawful detention - Claimants being three individuals diagnosed with HIV - Claimants being held at immigration removal centre pending removal from United Kingdom - Claimants contending serious medical condition rendering detention unlawful - Claimants contending treatment being compromised by management failures of Secretary of State - Whether detention unlawful - Whether management failures on part of Secretary of State compromising treatment - Enforcement Instructions and Guidance manual, para 55.10.

The Case

Immigration Detention. The Court of Appeal, Civil Division, in upholding the judge's findings that the appellants' detention had not been unlawful, held that the judge had not erred in his construction of the respondent Secretary of State's guidance as to the detention of HIV+ persons, that there was no basis of claim under the European Convention on Human Rights on the ground that the Secretary of State had not adopted the British HIV Association's advice and the detentions had not been unlawful due to the standard of medical treatment received.

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