OM, Regina (on The Application of) v Secretary of State for The Home Department: CA 28 Jul 2011

The claimant, a failed asylum seeker challenged the lawfulness of her continued administrative detention pending her deportation and return to Niger.
Held: When assessing the damages payable in such cases: ‘It seems to me that on normal compensatory principles it would be for the claimant to prove his loss on the balance of probabilities.’

Judges:

Ward, Richards, Hughes LJJ

Citations:

[2011] EWCA Civ 909

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Torts – Other

Updated: 17 September 2022; Ref: scu.442257