The court was asked: ‘in deciding whether a foreign national facing deportation has been detained for too long, does time which he has spent appealing against deportation count? If it does, then sufficiently protracted legal proceedings will sooner or later secure his release however weak his case and however strong the reasons for detaining him. If it does not, then a detainee with a sound legal challenge to removal or deportation may be penalised for asserting his rights by years of incarceration. So the question inexorably raises another question: is there a middle way?’
Citations:
[2011] EWCA Civ 242
Links:
Jurisdiction:
England and Wales
Immigration, Torts – Other
Updated: 03 September 2022; Ref: scu.430470
