*Swaran v Secretary of State for the Home Department

Immigration – Detention. The claimant Bangladeshi national sought a declaration and damages for his unlawful immigration detention. The Administrative Court held that para 16(1A) of Sch 2 to the Immigration Act 1971 provided power to detain pending completion of the examination under para 2A of Sch 2 to the Act and a separate power to detain pending a decision on whether to cancel leave to enter. However, for a period of his detention, the Secretary of State had not been acting reasonably and with expedition to determine whether to cancel leave to enter. The claimant was only entitled to nominal damages because he would have been lawfully detained in any event.

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