The claimant complained that his administrative detention for over 40 months had been unlawful. He now appealed against a finding that it had been lawful save for the final two months.
Held: The appeal failed. The period of time for which he had been held was very long. However the judge had correctly allowed for the risk of the claimant re-offending and or absconding if released. The claimant had failed to co-operate and this was also relevant.
Richards LJ said: ‘Taking all the circumstances of the case into account, therefore, I am not persuaded that the period of 38 months’ detention, although very long, exceeded a reasonable period. Nor am I persuaded that there was insufficient prospect of being able to effect the claimant’s return to warrant his continued detention from April 2006 up to the date in June 2007 when Sales J found that the detention became unlawful.’
Longmore, Richards, Etherton LJJ
[2010] EWCA Civ 1112
Bailii
Immigration Act 1971 3(5)(a)
England and Wales
Citing:
Cited – Regina (A) v Secretary of State for the Home Department Admn 2006
Calvert-Smith J considered the Memorandum of Understanding between the UK and Somaliland as to the safe return of failed asylum seekers to Somaliland.
Held: On the evidence before him the 2003 MOU ‘was almost completely ineffective because of . .
Cited – Regina 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 – I, Regina (on the Application of) v Secretary of State for the Home Department CA 28-Jun-2002
The appellant obtained asylum but was convicted of offences after entering, and ordered to be deported. Whilst serving his sentence the deportation order was served, but he was not released on licence at the time he would normally have been . .
Cited – A, Regina (on the Application of) v Secretary of State for the Home Department CA 30-Jul-2007
The applicant had had his application for asylum rejected. Pending deportation, he had been held in custody. The court had found his detention unlawful.
Held: The Home Secretary’s appeal succeeded. The power to detain in such circumstances had . .
Cited – Khadir, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Jun-2005
The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four . .
Cited – Bashir, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Nov-2007
B complained of the unreasonable length of time (32 months) for which had been detained pending deportation.
Held: Mitting J said: ‘What Toulson LJ did not address, because it was not necessary to address it on the facts, was whether or not a . .
Cited – Abdi, 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 . .
Cited – A and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 21-Jan-2008
A complained of the unreasonable length of time for which had suffered administrative detention after completing a prison sentence and pending deportation.
Held: Mitting J discussed the detention: ‘In those circumstances, for continued . .
Lists of cited by and citing cases may be incomplete.
Immigration, Torts – Other
Updated: 09 November 2021; Ref: scu.425249