Kamal v The Home Office [2016] EWHC 65 (QB) (19 January 2016)

In the High Court of Justice- Queen's Bench Division

The Claimant, an Iraqi national, challenges the legality of his detention by the Defendant which commenced on 27 August 2012 and ended on 7 May 2013 when he was deported to the part of Iraq under the administration of the Kurdistan Regional Government ("KRG").

The Claimant contends that his detention was in breach of the principles first set out by Woolf J, as he then was, in R v Governor of Durham Prison ex. p. Hardial Singh [1984] 1 WLR 704, in breach of the Defendant's policy set out in Chapter 55.10 of the Enforcement Instructions Guidance and/or in breach of the Claimant's rights under Article 5(1)(f) ECHR.
This hearing is concerned with liability only.

Mr Greg Ó Ceallaigh appeared for the Claimant and Mr Alasdair Henderson appeared for the Defendant.

The Claimant gave evidence, through an interpreter, by video-link from Iraq. Ms Sharon Buckle gave evidence for the Defendant.

Find full details of this case on Bailii’s website here.