Xue v Secretary of State for the Home Department

Immigration – Detention. The claimant Chinese national issued proceedings against the defendant Secretary of State for unlawful detention between 2 March 2012 and 17 June 2014. The Administrative Court, in allowing the application, held that the claimant's detention had been unlawful from 16 July 2013 for breach of public law, but the claimant was only entitled to nominal damages until 2 May 2014, as her condition could be satisfactorily managed in detention. However, as thereafter the detention had breached the second principle in R v Governor of Durham Prison, ex p Singh ([1984] 1 All ER 983), she was entitled to damages to reflect that.

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