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

Immigration – Detention. The claimant had sought judicial review of the lawfulness of his immigration detention. The judge held that his detention throughout the whole of the period from 4 July 2007 to 14 August 2009 had not been unlawful. The Court of Appeal, Civil Division, held that the judge's conclusion that, for the whole of that period, there was no point at which the defendant Secretary of State had not been entitled to the view that the claimant could be removed within a reasonable time, had been one which was not open to him on the evidence. On the evidence, the claimant's continued detention after November 2008 was unlawful. The claimant's appeal would be allowed to that extent.

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