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Unlawful Detention

Click the links to access the judgements

AG, R (on the application of) v Secretary of State for the Home Department [2015] EWHC 1309 (Admin) (20 May 2015)
Claimant's period of detention from 6 August 2012 until his release on bail on 26 February 2013 was unlawful
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O, R (on the application of) v Secretary of State for the Home Department [2016] UKSC 19 (27 April 2016)
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VC, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 273 (Admin) (16 February 2016)
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KHLOYEV v. RUSSIA - 46404/13 - Chamber Judgment [2015] ECHR 129 (05 February 2015)
 
Suleyman, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 208 (Admin) (12 February 2016)
 
Ibrahim, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 158 (Admin) (02 February 2016)
 
Babbage, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 148 (Admin) (01 February 2016)
 
Barrow v Secretary of State for the Home Department [2012] EWCA Civ 512 (14 March 2012)
 
Alo, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2375 (Admin) (27 July 2012)
 
Ashori, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1460 (Admin) (22 May 2008)
 
Amirthanathan, R (on the application of) v Secretary of State for the Home Department [2003] EWHC 1107 (Admin) (02 May 2003)
 
Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453 (27 April 2010)
From the Judgement; In this appeal, the appellant (the Home Secretary) did not dispute that the respondent (Mr Muuse), a Dutch national who had been born in Somalia, had been unlawfully detained on the orders of officials pending deportation to Somalia in circumstances where there was no right to deport. However the Home Secretary challenged the decision of Mr Leighton Williams QC, sitting as a Deputy Judge of the High Court, that the unlawful detention had arisen from misfeasance in public office by officials of the Department. Whilst the Home Secretary did not dispute the award of compensatory and aggravated damages to Mr Muuse for his unlawful detention, he challenged the award of exemplary damages.
 
Rostami, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2094 (QB) (07 August 2009)
 
Wang, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1578 (Admin) (05 June 2009)
 
Abdi & Ors v Secretary of State for the Home Department [2008] EWHC 3166 (Admin) (19 December 2008)
[From the Headnote]The issue common to these five cases is the validity of a Government policy relating to the detention of FNPs pending their deportation from the United Kingdom. Until April 2006 the published policy with regard to FNPs, as well as others, who it was proposed should be deported involved (putting it shortly) a rebuttable presumption in favour of release. However, after that date there was introduced a policy with regard to FNPs which (putting it shortly) involved a presumption in favour of detention – whether rebuttable or irrebuttable being in issue. It is the contention of each claimant that each was detained, or as the case may be continued to be detained, under the later policy, which policy is said to be unlawful: either because such policy was contrary to the provisions of paragraph 2 of schedule 3 of the Immigration Act 1971 as amended; or because such policy, and its operation, was insufficiently open and accessible and, indeed, contrary to the previously published policy; or both. It is further said in consequence that the detention or continued detention of each claimant, being made under an unlawful policy, constituted unlawful detention; and that the claimants are entitled to damages for unlawful detention accordingly. Some (but not all) of the claimants claim exemplary damages.
 
Bashir, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 3017 (Admin) (30 November 2007) 
 
D, R (on the application of) v Secretary of State for the Home Department & Ors [2006] EWHC 980 (Admin) (22 May 2006)
 
ID & Ors v The Home Office [2005] EWCA Civ 38 (27 January 2005)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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