ARF v Secretary of State for the Home Department

Immigration – Detention. The Queen's Bench Division held that the claimant Sierra Leonean national's immigration detention had been unlawful at common law, and by reason of public law error in relation to her report of torture and in respect of her mental illness. Further, as somebody suffering from serious mental illness, aspects of the claimant's detention had amounted to a breach of her rights under art 3 of the European Convention on Human Rights.

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