A civil court of appeal has power to hear an application for bail in the course of a judicial review of a committal to custody under the Act pending deportation. Though the applicant could have sought habeas corpus, the court could exercise a similar powers by way of an original jurisdiction. The power to commit a deportee to custody was within the statutory power of the Secretary of State. The power was an inherent one, but was now to be seen in the light of the Human Rights Act. Nevertheless the court should attach particular weight to the views of the Secretary of State. In this case his decision was not to be disturbed.
Citations:
Times 18-Sep-2001
Jurisdiction:
England and Wales
Citing:
See Also – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited by:
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 29 May 2022; Ref: scu.180035