(Commission) Review of the lawfulness of a detention must be by a court, by a body which is judicial in character, and the review must be speedy. The right under Article 5.4 ‘must be seen as independent of the possibility of applying to a court for release on bail. In any event, the Commission observes that the applicant’s solicitor asked the Home Office that the applicant be released in a letter dated 11 October 1978 and, further, requested that the applicant be admitted to bail in the application for habeas corpus.’
[1983] 40 DR 42
European Convention on Human Rights 5.2
Human Rights
Citing:
Appeal from – Regina v Secretary of State for the Home Department, Ex parte Zamir HL 17-Jul-1980
A person who obtained leave to enter, but did so by fraud, was an illegal entrant, on the basis that the fraud had the effect of vitiating the leave to enter which had been granted: ‘it is clear on general principles of law that deception may arise . .
At first Instance – Regina v Secretary of State for the Home Department, Ex parte Zamir QBD 14-Mar-1979
The applicant sought a writ of habeas corpus having been detained pending his removal after failing to disclose his subsquent marriage on entry under an entry certificate.
Held: The request failed on the basis that entry had been obtained by a . .
At court of Appeal – Regina v Secretary of State for the Home Department, Ex parte Zamir CA 21-Dec-1979
The claimant appealed refusal of his request for a writ of habeas corpus. He had been detained for return to Pakistand. He had obtained an entry certificate, but then married, but did not disclose that on entry.
Held: The failure amounted to a . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 05 December 2021; Ref: scu.218896