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Reported Case

Saleh (Sudan), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1378 (12 November 2013)

Date: 12/11/2013
Duncan Lewis, Reported Case Solicitors, Saleh (Sudan), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1378

*sm*Unlawful detention – Court of Appeal – detention under the Immigration Acts*em*

This is the judgment in relation to the detention of a foreign national criminal. The Court of Appeal held that the Home Secretary acted unlawful in detaining him for a period of 8 months.

JS is a non Arab man from the Darfur area of Sudan. After his criminal sentence had expired he was detained for a period of just over two years, under the Immigration Act 1971 whilst the Home Secretary determined whether or not his circumstances, he would and could be deported. The Home Secretary has eventually accepted that he cannot be deported given his particular ethnicity as a non Arab man from Darfur, Sudan

 

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