Source: All England Reporter
Publisher Citation: [2002] All ER (D) 349 (Mar)
Court: Administrative Court

Judge Wilkie QC sitting as a judge of the High Court

Representation Rebecca Chapman (instructed by Fisher Meredith) for the claimant.
  Steven Kovats and Adam Rob (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 22 March 2002


Immigration - Detention - Habeas corpus - Detention pending deportation - Claimant asylum seeker convicted of indecent assault against a minor - Claimant detained by defendant on basis of fear he would abscond - Claimant contending detention unlawful as defendant having no intention to enforce removal - Whether defendant unlawfully detaining claimant.

The Case

An asylum seeker who was convicted of sexual offences and who was placed on the sex offenders register was refused a writ of habeas corpus, and was not being unlawfully detained under the provisions of art5 of the European Convention on Human Rights, in circumstances where the court determined that the Secretary of State was acting in good faith to effect his removal.

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