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

Immigration – Detention. The Administrative Court, in allowing the claimant's application for judicial review, held that his immigration detention had not been lawful because: (i) he had not been notified of the decision to remove him, and so he had had leave to enter and remain at the time; (ii) even if notification had been effected, it could not be operative, since the claimant had been outside the United Kingdom at the time; and (iii) there was no evidence that the claimant had used deception in having sought leave to remain.

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