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

Immigration – Deportation. The Iranian claimant applied for judicial review by which he sought a declaration that his immigration detention by the defendant Secretary of State had been unlawful and that his rights under art 5 of the European Convention on Human Rights had been breached. He applied for a mandatory order for his release, and damages for false imprisonment. Dismissing his claim, the Administrative Court held that at the time of the instant proceedings, deportation had been a realistic prospect. Further, the Secretary of State had acted with reasonable diligence to effect removal, in the very difficult circumstances that had pertained in Iran. Finally, there had been a risk of re-offending and absconding and the continuing detention had not been unreasonable in all the circumstances.

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