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

Immigration – Deportation. The third curfew imposed on the claimant had been unlawful and had to be quashed, as the defendant Secretary of State had applied an unpublished policy in having decided to impose the curfew and the claimant had not been given the opportunity to make any representations as to why a curfew was not appropriate in his case. The Administrative Court further held that, as conceded, the first two curfews had been unlawful, as they had been imposed pursuant to Immigration Act 1971 Sch 3 para 2(5), when that paragraph had not conferred such a power.

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