Source: All England Reporter
Publisher Citation: [2006] All ER (D) 381 (Oct)
Neutral Citation: [2006] EWCA Civ 2690
Court: Queen's Bench Division (Divisional Court)

Auld LJ and Wilkie J

Representation Frances Webber (instructed by Bhatt Murphy) for the claimant.
  Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.
  Helen Mountfield (instructed by the Treasury Solicitor) as Special Advocate.
Judgment Dates: 31 October 2006


Alien - Deportation - Detention - Terrorist - Certification by Secretary of State - Claimant suspected of international terrorism - Whether detention lawful - , Sch 3, para 2(3) - Anti-terrorism Crime and Security Act 2001, s 21.

The Case

The question whether detention under para2(3) of Sch3 of the was lawful was informed by the case-sensitive consideration of reasonableness in all the circumstances. The answer in any particular case required a value judgment by the court, taking into account the length, circumstances and reasons for the detention in question, including in particular that detention might only be for the purpose of removal and for a period of time necessary for that purpose.

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