R (on the application of AS) v Secretary Of State For Home Department

Immigration – Deportation. The claimant Afghani national issued judicial review proceedings, challenging his immigration detention by the defendant Secretary of State. The Administrative Court rejected the claimant's challenge based on principles in R v Governor of Durham Prison, ex p Singh ([1984] 1 All ER 983). However, it granted the claimant permission to raise a new ground, and found that his detention between 2 December and 7 December had been unlawful due to the defendant Secretary of State's failure to comply with her own policy of carrying out detention reviews. Accordingly, he would be granted nominal damages.

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