R (on the application of Gomes) v Secretary of State for the Home Department

Immigration – Detention. The claimant Portuguese national had been convicted of and sentenced for cruelty her youngest child. She was subsequently detained under immigration powers between 11 July 2010 and 7 March 2012 pending deportation. The claimant sought judicial review. The Administrative Court, in allowing the application, held that detention had not been reasonable from 2 September 2011, by which time the Secretary of State could no longer consider that deportation would occur within a reasonable period of time. However, there had been exceptional circumstances which had justified the claimant's detention in the prison estate, including her conviction.

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