Source: All England Reporter
Publisher Citation: [2017] All ER (D) 91 (Aug)
Neutral Citation: [2017] EWHC 2135 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Anne Whyte QC (sitting as a Deputy Judge of the High Court)

Representation Raza Halim (instructed by Duncan Lewis Solicitors Ltd) for the claimant.
  Lisa Busch QC (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 17 August 2017


Immigration - Detention - Unlawful detention

The Case

Immigration Detention. The claimant Chadian national had been unlawfully detained, contrary to common law and art 5 of the European Convention on Human Rights, between 19 January 2015 and 28 January 2015, as the defendant Secretary of State had unacceptably failed to identify him as someone whose claim was not suitable for retention within the detained fast track. Accordingly, the Administrative Court allowed the claimant's application for judicial review and held that he was entitled to substantial damages for unlawful detention.

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