||All England Reporter
|| All ER (D) 29 (May)
Rabinder Singh QC sitting as a deputy judge of the High Court
||Shivani Jegarajah (instructed by MK Sri & Co) for the claimant.
||Elizabeth Laing (instructed by the Treasury Solicitor) for the defendant.
||2 May 2003
Immigration - Asylum - Appeal - Detention - Claimant appealing on human rights ground - Secretary of State aware of claimant's intention to appeal - Legality of detention - para 16, Sch 2 - s 65 - European Convention on Human Rights , art 5(1).
Once the Secretary of State became aware that an asylum seeker was intending to invoke an appeal under s65 of the he should not seek to detain that person since short time limit envisaged by s65 meant that a claimant was unable to string the process out and it was better for the Secretary of State to allow that time limit to expire before deciding to detain a claimant than detain a person simply because his appeal had not been formally lodged.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary