*sm*Unlawful Detention- High Court of Justice Queen’s Division- Administrative Division-  EWHC 92 (Admin)*em*
This was a claim by Mr Daniel Matows Zerom seeking a declaratory order that some or all of his immigration detention from 28th November 2008 until his release on 11th July 2012 was unlawful. The Claimant withdrew his challenge to the issuing of a removal direction, directing his removal to Ethiopia on 11th July 2012 as that is now academic.
Stephen Whale, acting for the defendant justified the Claimant’s continued detention after an aborted attempt of removal on the 27th May 2012 on five factors: the Claimant’s lack of cooperation, risk of absconding, risk of reoffending, effect of detention on the Claimant and Defendant’s Conduct.
His Honour Judge Birtles was not satisfied that the Defendant had breached either the Wednesbury principle or the Hardial Singh principles and therefore found that the detention of the Claimant was lawful. It followed that the claim was dismissed.
Permission to appeal is being sought, a decision is awaited on this application.