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 be cared for in the community.
Held: Her appeal failed. For most of that earlier period, namely until 28 April 2010, O had been the subject of unlawful detention but was entitled only to nominal damages in respect of it and that for the remainder of that earlier period she had not been the subject of unlawful detention at all.
Arden, Underhill, Floyd LJJ
[2014] EWCA Civ 990, [2014] WLR(D) 327
Bailii, WLRD
England and Wales
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Health, Immigration
Updated: 17 December 2021; Ref: scu.534420
