R (on the application of Omar and others) v Secretary of State for the Home Department

Immigration – Detention. The Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017, SI 2017/405, were lawful, as the objective criteria to be applied for the purpose of determining the risk of absconding of a person subject to Regulation (EU) 604/2013 procedures was mandatory and exhaustive. The Administrative Court further held that they were sufficiently and rationally connected with the risk of absconding, and the criteria were necessary to determine whether reasons existed in an individual case to believe that an individual might abscond.

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