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

Immigration – Detention. The claimant Afghani national issued judicial review proceedings, seeking a declaration that his immigration detention had been unlawful and damages for false imprisonment. The Administrative Court held that, on the proper construction of para 16(2) of Sch 2 to the Immigration Act 1971, an erroneous view of the law, as opposed to an erroneous view of the facts, could not amount to 'reasonable grounds for suspecting' that a person was liable to removal. Accordingly, the claimant's detention had been unlawful. However, it had not been unlawful on the principles in R v Governor of Durham Prison, ex p Singh ([1984] 1 All ER 983).

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