Regina v Secretary of State for the Home Department Ex Parte Xuereb: QBD 14 Jun 2000

The fact that an alien was detained under the Mental Health Acts did not mean that he could not be ordered to be removed and returned to his own country. The power given to the Secretary of State was discretionary, and though the treatment he might receive was of a lower standard, it was not an unreasonable exercise of the discretion. He also retained the powers under the earlier act and could rely upon those powers. The later Act was not an exhaustive statement of his powers.


Times 14-Jun-2000


Mental Health Act 1983 86, Immigration Act 1971 SCh 2


England and Wales

Health, Immigration

Updated: 15 May 2022; Ref: scu.85527