Source: All England Reporter
Publisher Citation: [2015] All ER (D) 49 (May)
Neutral Citation: [2015] EWHC 1157 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Mr C M G Ockelton, VP (Sitting as a Deputy High Court Judge)

Representation Adam Sandell (instructed by Lambeth Law Centre) for the claimant.
  Lucinda Harris and Lisa Busch (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 30 April 2015


Immigration - Detention - Unlawful detention - Claimant issuing judicial review proceedings, challenging lawfulness of his immigration detention by defendant Secretary of State - Whether claimant's detention being unlawful - .

The Case

Immigration Detention. The claimant issued judicial review proceedings, challenging the lawfulness of his immigration detention by the defendant Secretary of State between 2 April and 1 July 2014. The Administrative Court, in allowing the application, held that the claimant was entitled to nominal damages for his detention until 6 April, as the Secretary of State had detained him under an inapplicable statutory power, but he would have been detained in any event. Further, his detention between 17 and 30 April had been unlawful, as he should have been removed to a secure psychiatric hospital.

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