Source: All England Reporter
Publisher Citation: [2012] All ER (D) 139 (Aug)
Neutral Citation: [2012] EWHC 2501 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Charles George QC sitting as a deputy judge of the High Court (judgment delivered extempore)

Representation Leonie Hirst (instructed by Deighton Pierce Glynn) for the claimant.
  Holly Stout (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 20 August 2012

Catchwords

Immigration - Detention - Unlawful detention - Claimant seeking leave to remain - Claimant suffering severe mental illness - Claimant being detained at immigration removal centres - Claimant's mental illness not being properly managed during detention - Claimant seeking damages for wrongful detention - Claimant submitting Secretary of State breaching policy with regard to detention and temporary release - Whether detention lawful - Equality Act 2020, s 149 - European Convention on Human Rights, arts 3, 8.

The Case

Immigration Detention. The Administrative Court held that the detention of the claimant in immigration removal centres when he had been suffering from a severe mental illness but had not had that illness properly medicated or maintained during his detention, had amounted to a breach of the Secretary of State's policy with regard to detention, had been a breach of of the Equality Act 2010 and had breached the claimant's rights under arts3 and 8 of the European Convention on Human Rights.

Practice Areas

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