||All England Reporter
|| All ER (D) 76 (Apr)
|| EWHC 979 (Admin)
||Queen's Bench Division, Administrative Court (London)
||Stephanie Harris (instructed by Bhatt Murphy) for the claimant.
||Julie Anderson (instructed by the Treasury Solicitor) for the Secretary of State.
||17 April 2012
Immigration - Deportation - Detention pending deportation - Claimant being detained prior to deportation - Claimant having mental health problems - Psychiatrist recommending transfer to mental hospital - Claimant subsequently being transferred to hospital before being returned to detention - Whether detention being unlawful - Whether defendant Secretary of State breaching duty to transfer claimant to hospital within reasonable period - Whether claimant's rights being breached - Whether reformulation of policy in respect of detainees with mental illnesses breaching equality duties - European Convention on Human Rights, art 3.
Immigration Deportation. In considering the claimant's administrative detention under s36(1)(a) of the the Administrative Court, held, inter alia, that during two periods the claimant had been unlawfully detained in circumstances which had breached his rights under art3 of the European Convention on Human rights. Further, the policy introduced in relation to the detention of people with mental illness had been unlawful in breach of the Secretary of State's duties under s71 of the and s49A of the .
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