The applicant had been detained following an administrative decision that he should detained as an illegal immigrant. At law, he had a choice between an application for habeas corpus, where it had to be shown that each day’s detention was justified, and proceeding by way of judicial review of the decision which led to his detention. In review proceedings he must act quickly, or it might be refused. After failing on the review application, and after three years he challenged his detention under habeas corpus. Such a second application was an abuse of process.
Citations:
Times 22-Dec-2000, Gazette 08-Feb-2001
Jurisdiction:
England and Wales
Immigration, Torts – Other
Updated: 11 May 2022; Ref: scu.88653
