X v Secretary of State for Home Department: CA 7 Dec 2000

The applicant applied for asylum, but suffered from schizophrenia. He had been refused entry and detained, and then his detention was transferred to a mental hospital by order of the Home Secretary, with a view to his return for treatment in Malta. The applicant alleged that the Secretary had no power to so order without going first to the Mental Health Review Tribunal.
Held: the Secretary’s duties were not solely to look to the applicant’s bests interests, but also to immigration control. Nevertheless it was argued that to move a person under treatment could amount to inhuman or degrading treatment. In this case that argument failed. It could not be assumed that he would not receive proper health care in Malta. It was also argued that once subject to the Mental Health Act, he could only be dealt with under that Act. Parliament had not circumscribed the Home Secretary’s Immigration Act powers, and those remained in effect. Appeal refused.


Lord Justice Schiemann, Lord Justice Tuckey, And Sir Swinton Thomas


[2000] EWCA Civ 311




Immigration Act 1971 2(1)(b), 86(2), Mental Health Act 1983 47, 86


England and Wales

Immigration, Health, Human Rights

Updated: 31 May 2022; Ref: scu.147344