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

Immigration – Deportation. The Court of Appeal, Civil Division, in allowing the claimant's appeal, held that, so far as concerned para 2(5) of Sch 3 to the Immigration Act 1971 (the 1971 Act), a right to impose a 'restriction as to residence' did not necessarily incorporate a right to impose a curfew. In the present case, no sufficient authority to impose a curfew had been evidenced and neither s 36 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, nor para 2(5) of Sch 3 to the 1971 Act had justified the imposition of a curfew.

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