MC (Algeria), Regina (on The Application of) v Secretary of State for The Home Department: CA 31 Mar 2010

The claimant challenged his detention under the 1971 Act, now appealing against refusal of judicial review. His asylum claims had been rejected, and he had been convicted of various offences, including failures to answer bail. He had failed to report as required to comply with the deportation requirements. He had been transferred to a prison because of his disruptive behaviour. A psychiatric report said he suffered from a personality disorder.
Held: Though there were doubts about the claimant’s treatment, and inexcusable delays, they were not fundamental, and proper treatment was now being arranged and his appeal failed. The breaks in detention and intervening offences meant that the claimant could not have it treated as one unbroken detention. The claimant’s behaviour warranted some form of detention, and his medical condition fell short of being a mental illness.

Sullivan LJ
[2010] EWCA Civ 347
Immigration Act 1971 Sch 3
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 . .
CitedRoberts v Chief Constable of Cheshire Constabulary CA 26-Jan-1999
The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful . .
CitedAbdi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-May-2009
The applicant had spent 30 months in administrative detention pending removal but was described as having ‘a long history of criminal offending. His convictions variously include two counts of indecent assault, robbery, burglary, assault on a police . .

Lists of cited by and citing cases may be incomplete.

Immigration, Prisons, Health

Updated: 10 November 2021; Ref: scu.406678