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

Immigration – Detention. The claimant Eritrean national sought judicial review of the defendant Secretary of State's decision to detain him on the basis that it was inconsistent with her policy and given pending challenges to removal to Malta. The Administrative Court, in dismissing the application, held that the policy did not require the Secretary of State to release a person from detention if her attention was drawn to extant challenges or on the issue of judicial review proceedings, if they could be resolved promptly. Accordingly, the time taken to absorb the implications of the lodging of the application for judicial review had not been unlawful.

Category: