*/
Immigration – Detention. The applicant, having served a sentence of imprisonment, had been placed in immigration detention. Efforts were made to determine where he was from. Eventually, a deportation order was made while enquiries continued. The applicant was considered to present a high risk of absconding and a sufficient risk of harm and reoffending if released. On his release on bail he issued judicial review proceedings contending that he had been unlawfully detained when there had been no prospect of his removal within a reasonable period. The Administrative Court dismissed his claim as being unfounded. He had been detained for the purposes of deportation and, having regard to his history and criminal record, he had not been detained for more than a reasonable period. Any error in dealing with his case had not crossed the borderline from administrative failing into illegality.
Immigration – Detention. The applicant, having served a sentence of imprisonment, had been placed in immigration detention. Efforts were made to determine where he was from. Eventually, a deportation order was made while enquiries continued. The applicant was considered to present a high risk of absconding and a sufficient risk of harm and reoffending if released. On his release on bail he issued judicial review proceedings contending that he had been unlawfully detained when there had been no prospect of his removal within a reasonable period. The Administrative Court dismissed his claim as being unfounded. He had been detained for the purposes of deportation and, having regard to his history and criminal record, he had not been detained for more than a reasonable period. Any error in dealing with his case had not crossed the borderline from administrative failing into illegality.
The Bar Council is ready to support a turn to the efficiencies that will make a difference
By Louise Crush of Westgate Wealth Management
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