N v Secretary of State for the Home Department

Immigration – Detention. The claimant claimed damages for unlawful immigration detention due to her allegations of torture and misfeasance in public office with respect to her attempted removal absent consideration of her further representations. The Queen's Bench Division, in dismissing the application, held that there had been no independent evidence of torture and the fact that the attempted removal had been unlawful did not mean that the purpose of her detention had ceased to be lawful. Further, there was no evidence of the relevant officials' state of mind such as to find misfeasance in public office.

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