R (on the aplication of Antonio) v Secretary of State for the Home Department

Immigration – Detention. The claimant sought a declaration that the defendant Secretary of State was not entitled to make a second deportation order or an order quashing the order, following the revocation of an earlier order. He further sought damages and/or compensation for false imprisonment and for violation of art 5 of the European Convention on Human Rights. The Administrative Court, in allowing the application, held that the second deportation order had been unlawful when made absent a sufficient change of circumstances. Accordingly, the claimant had been falsely imprisoned and imprisoned in breach of art 5 of the Convention.

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