O, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Apr 2016

The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending treatment in the community. She said that the Francis case was wrongly decided.
Held: Her appeal failed. The treatment provided under the additional stress of detention would no doubt be more difficult, but still might be deemed satisfactory in the circumstances and context, and would not be satisfactory in another context.

Lady Hale, Deputy President, Lord Wilson, Lord Reed, Lord Hughes, Lord Toulson
[2016] UKSC 19, [2016] 1 WLR 1717, [2016] WLR(D) 222, [2016] INLR 494, [2016] 4 All ER 1003, UKSC 2014/0227
Bailii, Bailii Summary, SC, SC Summary, WLRD
Immigration Act 1971
England and Wales
Appeal fromO v The Secretary of State for The Home Department CA 17-Jul-2014
The court was asked whether the Secretary of State for the Home Department could continue lawfully to hold the appellant, O, in immigration detention notwithstanding a change in the diagnosis of her mental illness and medical opinion that she should . .
At AdmnO v The Secretary of State for The Home Department Admn 3-Apr-2012
The claimant sought judicial review of the Secretary of State’s continued detention pending deportation of her after her diagnosis with a medical condition.
Held: Lang J refused her permission to apply for judicial review. She had to decide: . .
CitedFrancis, Regina (on The Application of) v Secretary of State for The Home Department and Another CA 23-May-2014
Appeal against rejection of claim for damages after alleged unlawful detention in immigration detention centre pending examination of immigration status. . .
CitedRegina v Kluxen CACD 14-May-2010
The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals.
Held: Since the 2007 it is not appropriate to recommend . .
CitedRaissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedZS (Jamaica) and Another v Secretary of State for The Home Department CA 13-Dec-2012
On a review of the legality of the Home Secretary’s application of a policy, the nature of the review is the traditional public law inquiry into whether the application of it was rational. . .
CitedDas, Regina (on The Application of) v Secretary of State for The Home Department and Others CA 28-Jan-2014
The claimant said that his continued immigration detention became unlawful on his being diagnosed with a mental health condition.
Held: Beatson LJ discussed the meaning of the phrase ‘satisfactory management’ He said he as inclined to accept . .
CitedOgunbiyi, Regina (on The Application of) v Southend County Court and Another Admn 19-Mar-2015
Application for judicial review of a decision of a Circuit Judge at the County Court, (a) refusing permission to appeal again the judgment of a Deputy District Judge following a trial of the claim for damages again the claimant under a hire purchase . .
CitedKhera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department HL 10-Feb-1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal . .
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 . .

Cited by:
CitedVarious Claimants v Wm Morrison Supermarkets Plc QBD 16-May-2018
. .

Lists of cited by and citing cases may be incomplete.


Updated: 14 January 2022; Ref: scu.562799