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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.
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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