R (on the application of TDT, by his litigation friend Topteagarden) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening)

Immigration – Detention. The defendant Secretary of State had acted in breach of her duty under art 4 of the European Convention on Human Rights, and thus s 6 of the Human Rights Act 1998, by releasing the claimant from immigration detention without having put in place adequate measures to protect him from being re-trafficked. Accordingly, the Court of Appeal, Civil Division, allowed the claimant's appeal against the judge's dismissal of his claim for judicial review, although the claimant had not been seen from the moment of his release and was believed to have been re-trafficked.

Category: