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

Immigration – Detention. The Administrative Court held that the claimant Zimbabwean national was entitled to a declaration that the defendant Secretary of State could not lawfully require him, under s 35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, to tell Zimbabwean officials that he agreed to return voluntarily when that was not true. Further, his unlawful detention warranted an award of substantial, rather than nominal damages.

Category: