Fardous v Secretary of State for the Home Department

Immigration – Detention. The claimant Moroccan national sought damages for unlawful immigration detention for a period of 22 months. The Queen's Bench Division, in allowing the application, held that the first period of 12 months had been lawful. However, when applications for an emergency travel document had failed within a further two-month period, it should have been clear that the detention had been longer than had been lawful. Accordingly, eight months of the 22 months of detention had been unlawful.

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