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Immigration – Detention. The claimant sought judicial review of his immigration detention since March 2012. The defendant Secretary of State accepted that she had failed to review the claimant's continued detention between March and July 2013, but contended that the claimant would still have been lawfully detained. The Administrative Court held that, given the claimant's failure to co-operate in establishing his identity, his detention was presently lawful, in accordance with the principles in R v Governor of Durham Prison, ex p Singh ([1984] 1 All ER 983) and his release would not be ordered. Given the Secretary of State's concession, he was only entitled to nominal damages.
Immigration – Detention. The claimant sought judicial review of his immigration detention since March 2012. The defendant Secretary of State accepted that she had failed to review the claimant's continued detention between March and July 2013, but contended that the claimant would still have been lawfully detained. The Administrative Court held that, given the claimant's failure to co-operate in establishing his identity, his detention was presently lawful, in accordance with the principles in R v Governor of Durham Prison, ex p Singh ([1984] 1 All ER 983) and his release would not be ordered. Given the Secretary of State's concession, he was only entitled to nominal damages.
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