R (on the application of HOD, by the Official Solicitor as his litigation friend) v Secretary of State for the Home Department

Immigration – Detention. The claimant issued judicial review proceedings, challenging his immigration detention between May 2008 and August 2012, excluding a two-month period of bail. The Administrative Court did not accept that the claimant's conduct in presenting himself first as one identity and nationality, later to change to another had principally been a symptom of mental illness. However, by December 2011, the Secretary of State had had a public law duty to release the claimant, as it had become quite clear that she would not be able to effect his deportation within a reasonable period.

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