D, Regina (on the Application Of) v Secretary of State for the Home Department and others: Admn 22 May 2006

An asylum-seeker held at a detention centre was not given a medical examination within 24 hours of her arrival at the centre as required by Rule 34 of the Detention Centre Rules 2001. It was further claimed that transfers to Oakington Detention centre on making claim for asylum was unlawful.
Held: ‘The power to detain asylum seekers is conferred, in wide terms, on the [Secretary of State] by the provisions of the Immigration Act 1971 and, in particular, the provisions of Schedule 2 of that Act. The width of the primary statutory provisions has, however, been limited by pronouncements of policy by the Government and by secondary legislation, in the form of the Detention Centre Rules 2001.’
Davis J
[2006] EWHC 980 (Admin)
Bailii
Immigration Act 1971 Sch 2, Detention Centre Rules 2001 34
England and Wales
Cited by:
CitedSK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the . .
CitedSK (Zimbabwe) v Secretary of State for the Home Department CA 6-Nov-2008
Immigration detention proper after prison release
The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 . .

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Updated: 30 March 2021; Ref: scu.242948