AG, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 May 2015

‘This case concerns the legality of the authorisation and continuation of the detention of the Claimant, a Somali national, under administrative powers contained in sections 36(1)(a) and 36(2) of the UK Borders Act 2007 (the 2007 Act) and Schedule 3 paragraph (2)(3) of the Immigration Act 1971 (the 1971 Act) from 8 July 2010 to 26 February 2013, when he was released on bail. The Claimant was detained first, pending consideration of whether to make an automatic deportation order (between 8 July 2010 and 7 December 2010), and thereafter, pending removal between 7 December 2010 and 26 February 2013 when the Claimant was granted bail. In total, the Claimant was detained for a period in excess of 2 years and 7 months (just under 32 months).’

Richard Clayton QC DHCJ
[2015] EWHC 1309 (Admin)
England and Wales

Torts – Other, Immigration

Updated: 30 December 2021; Ref: scu.547078