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Reported Case

ZA (Iraq), R (on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 168 (3 March 2015)

Date: 03/03/2015
Duncan Lewis, Reported Case Solicitors, ZA (Iraq), R (on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 168

In the Court of Appeal (Civil Division) - On Appeal from the High Court of Justice - Queen’s Bench Division

This is an appeal against the Order dated 2nd December 2013 of Mr. C M G Ockleton, sitting as a Deputy Judge of the High Court dismissing the Appellant's claim for judicial review of the lawfulness of his immigration detention between 4th July 2007 and 14th August 2009. The Deputy Judge decided that from 4th July 2007 until 9th September 2008 the Appellant's detention was at least partly motivated by the unlawful policy identified by the Supreme Court in Lumba v Secretary of State for the Home Department [2011] UKSC 12, and that for a period of three months, in June, July and August 2008 the Respondent had failed to carry out detention reviews, but he decided that the Appellant was entitled to only nominal damages for those periods of detention because he would have been detained in any event and, applying the principles in R v Govenor of Durham Prison ex p Hardial Singh [1984] 1 WLR 704, his detention throughout the whole of the period from 4th July 2007 – 14th August 2009 was not unlawful.


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