Source: All England Reporter
Publisher Citation: [2012] All ER (D) 100 (Apr)
Neutral Citation: [2012] EWCA Civ 414
Court: Court of Appeal, Civil Division
Judge:

Pill, Jackson and Sullivan LJJ

Representation Stephanie Harrison (instructed by Bhatt Murphy) for the claimant.
  Julie Anderson (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 2 April 2012

Catchwords

Immigration - Deportation - Detention pending deportation - Claimant's asylum application being refused - Secretary of State detaining claimant pending deportation - Secretary of State investigating claimant's country of origin for purpose of deportation - Delays caused by investigations - Claimant applying for revocation of deportation order - Claimant submitting Secretary of State unable to deport claimant within reasonable time in breach of Hardial Singh principles - Judge's finding continued detention lawful - Whether judge erring - ed 3, para 2(2) - .

The Case

Immigration Deportation. The Court of Appeal, Civil Division, held that whilst the detention of the claimant by the Secretary of State pending deportation had been lawful through delays in investigating the claimant's country of origin, particularly where it had become clear that he had a strong case for revocation of the deportation order.

Practice Areas

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