Mtr Singh was suspected to be an illegal immigrant. The Secretary of State had authorized his removal on 24 April 1975. The matter came before the court on 8 July 1975. The applicant had been in custody since 17 March, three and a half months prior to the decision of the court. The court had been informed by counsel that a communication had been received from the Indian High Commission saying that a reply to the application for a travel document relating to the applicant would be received within the next ten days.
Held: Milmo J said: ‘The Court is satisfied that everything that can be reasonably done by the Secretary of State for Home Affairs to urge the Indian High Commission to produce a travel document has been done and is being done.’ In those circumstances the court said: ‘It may be that a case will arise when the detention awaiting deportation is excessive, and when that case does arise it will be considered. But in the judgment of this Court the present case falls far short of that mark.’
Judges:
Milmo J
Citations:
Unreported, 8 July 1975
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 05 April 2022; Ref: scu.425352