Source: All England Reporter
Publisher Citation: [2012] All ER (D) 92 (May)
Neutral Citation: [2012] EWCA Civ 597
Court: Court of Appeal, Civil Division
Judge:

Maurice Kay, Richards and Kitchin LJJ
Representation Hugh Southey QC (instructed by Leigh Day & Co) for the claimant.
  Lisa Busch (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 9 May 2012

Catchwords

Immigration - Detention - Illegal detention - Secretary of State ordering claimant's deportation following criminal convictions - Claimant suffering from mental illness - Home country refusing to validate travel documentation - Secretary of State considering deportation imminent - Claimant claiming detention pending deportation unlawful on grounds of mental illness - Judge finding decision to continue detain rational - Whether judge erring.

The Case

Immigration Detention. The Court of Appeal, Civil Division, upheld a determination that the Secretary of State had not been irrational in its his decision to detain the claimant pending deportation, notwithstanding that the claimant had a mental illness.

Practice Areas

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