da Silva v Secretary of State for the Home Department

Immigration – Detention. The claimant issued judicial review proceedings, challenging the lawfulness of his immigration detention by the defendant Secretary of State between 2 April and 1 July 2014. The Administrative Court, in allowing the application, held that the claimant was entitled to nominal damages for his detention until 6 April, as the Secretary of State had detained him under an inapplicable statutory power, but he would have been detained in any event. Further, his detention between 17 and 30 April had been unlawful, as he should have been removed to a secure psychiatric hospital.

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