The applicant had entered the UK without leave, and then been detained for mental illness. The Secretary ordered him to be removed. He claimed that there was no power to remove him whilst the detention order was current, and that the order infringed his human rights.
Held: The later Act had not revoked the earlier, and the Secretary could act under either and without infringing his human rights, and he had no duty to give exceptional leave to remain.
Citations:
Gazette 22-Feb-2001
Statutes:
Immigration Act 1971 2(1), 30, Mental Health Act 1983 86, Human Rights Act 1998 3
Jurisdiction:
England and Wales
Immigration, Health, Human Rights
Updated: 08 May 2022; Ref: scu.88647
