Source: All England Reporter
Publisher Citation: [2003] All ER (D) 29 (May)
Court: Administrative Court

Rabinder Singh QC sitting as a deputy judge of the High Court

Representation Shivani Jegarajah (instructed by MK Sri & Co) for the claimant.
  Elizabeth Laing (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 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).

The Case

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.

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