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

Immigration – Detention. The claimant Afghani national issued judicial review proceedings, challenging his detention and removal from the United Kingdom. The Administrative Court, in allowing the application, held that the claimant's removal had been unlawful, as there had been an undetermined claim for asylum or one which had not been notified to him, either at all or at such short notice that he had been deprived of the opportunity of dealing with it. Further, the reason for his initial detention had been insufficient and, therefore, unlawful. Declarations to that effect were made, and the Secretary of State was ordered to pay damages to be assessed and to procure the claimant's return to the UK.

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