Abdi and others v Secretary of State for the Home Department: Admn 19 Dec 2008

The claimants, foreign nationals, had been detained pending deportation after completion of sentences of imprisonment. They challenged the policy that such deportees should be held by default pending deportation.
Held: David J granted declarations that (i) paragraph 2 of Schedule 3 to the 1971 Act prohibits the Secretary of State from operating any policy in relation to the detention of FNPs which contains a presumption in favour of detention and (ii) it was unlawful for the Secretary of State to operate the policy introduced in April 2006 in that it was not sufficiently published or accessible until its publication on 9 September 2008. He dismissed the other claims, in particular the claims for damages for unlawful detention.


Davis J


[2008] EWHC 3166 (Admin), [2009] ACD 22




Immigration Act 1971


England and Wales


CitedRegina 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 . .

Cited by:

At first instanceLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedKambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Appeal fromWL (Congo) and Another, Regina (on the application of) v Secretary of State for the Home Department CA 19-Feb-2010
. .
Lists of cited by and citing cases may be incomplete.


Updated: 23 July 2022; Ref: scu.293942