*R (on the application of Lauzikas) v Secretary of State for the Home Department

Immigration – Detention. A decision to detain the individual had to be justified by the defendant Secretary of State as being individually necessary, applying the standards in art 27.2 of Directive (EC) 2004/38 and with no less restrictive measure being as effective. The Administrative Court, in finding part of the claimant's immigration detention unlawful, further held that detention could be rendered unlawful by a material public law breach in a distinct decision where that decision and that breach bore on the detention.

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