Mazaheri v Secretary of State for the Home Department

Immigration – Detention. The Administrative Court, in transferring the claimant's challenge to his immigration detention to the county court, was not prepared to assume that a decision to detain him made after an unlawful decision to refuse to accept a submission as a fresh claim was, itself, rendered unlawful, giving rise to a claim in damages. Accordingly, the issue was best dealt with by way of a private law claim for damages.

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