The claimant challenges the defendant’s decisions to:
i) refuse the claimant’s fresh claim submissions (‘fresh claim’);
ii) detain the claimant (‘unlawful detention’); and
iii) remove the claimant before notifying him of her decision on his fresh claim submissions (‘removal decision prior to fresh claim decision’).
The claimant succeeds in his fresh claim challenge insofar as it comprises submission of the report by Mr Sellwood about the claimant’s learning disabilities. However, the claimant fails to establish unlawful detention, and also fails in his challenge to the defendant’s removal decision prior to fresh claim decision.
Alexandra Marks
[2015] EWHC 3595 (Admin)
Bailii
England and Wales
Immigration, Torts – Other
Updated: 08 January 2022; Ref: scu.557156