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

Immigration – Detention. The Administrative Court, in allowing the claimant non-Arab Darfuri's claim for judicial review, held that it was beyond belief how anyone could possibly reasonably have believed that there had been very exceptional circumstances for the claimant's immigration detention. Further, the test for the purpose of certification of her human rights claim as clearly unfounded had clearly not been met, as the arguable real risk of refoulement had not been taken into account.

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