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

Immigration – Detention. It should have been apparent to the defendant Secretary of State by 20 December 2016 that the claimant Indian national was not going to be removed within a reasonable period and she ought to have concluded by that date that continued detention had not been justified under her policy or Hardial Singh. Therefore, the Administrative Court held that the claimant had been unlawfully detained from 20 December 2016, or so soon thereafter as his release could have been effected, until the date of his actual release on 27 January 2017.

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