AS (Lebanon), R (on the application of) v Secretary of State for the Home Department & Anor [2012] EWHC 1349 (Admin) (22 May 2012)

AS (Lebanon), R (on the application of) v Secretary of State for the Home Department & Anor [2012] EWHC 1349 (Admin) (22 May 2012)

The claimant has a good arguable case that his continued detention is unlawful due to his psychiatric condition and the failure to properly apply the Secretary of State's policy on detaining the mentally ill. However, at this interlocutory stage, the court is not satisfied that the conditions for a mandatory order for transfer or release are met, given the current positions of the defendants and the evidence available.

Citation
[2012] EWHC 1349 (Admin)
Parties
Claimant: AS (Lebanon); First Defendant: Secretary of State for the Home Department; Second Defendant: Secretary of State for Justice; Interested Party: Brent Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
22 May 2012
Procedural Posture
Judicial Review / Permission and Interim Relief Application
Outcome
Permission granted for judicial review; interim relief refused; case expedited.
Legal Topics
Immigration Detention, Deportation, Detention of Mentally Ill Persons, Judicial Review, Article 3 ECHR, Article 8 ECHR, Policy on Detention of Mentally Ill, Interim Relief
Immigration Law Mental Health Law Human Rights Law Administrative Law Immigration Detention Deportation Detention of Mentally Ill Persons Judicial Review +4 more

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Parties

AS (Lebanon)

Claimant

Secretary of State for the Home Department

First Defendant

Secretary of State for Justice

Second Defendant

Brent Primary Care Trust

Interested Party

Procedural Posture

Judicial Review / Permission and Interim Relief Application

Legal Issues

  1. 1 Whether the claimant's continued detention is unlawful due to his mental illness and the application of the Secretary of State's policy on detaining the mentally ill
  2. 2 Whether the Secretary of State's policy on detaining the mentally ill is itself unlawful
  3. 3 Whether the claimant's detention breaches Article 3 and/or Article 8 ECHR

Ratio Decidendi

The claimant has a good arguable case that his continued detention is unlawful due to his psychiatric condition and the failure to properly apply the Secretary of State's policy on detaining the mentally ill. However, at this interlocutory stage, the court is not satisfied that the conditions for a mandatory order for transfer or release are met, given the current positions of the defendants and the evidence available.

Court Disposition

Permission granted for judicial review; interim relief refused; case expedited.

Orders

  • Secretary of State for Justice joined as Second Defendant and ceases to be interested party.
  • Brent Primary Care Trust joined as interested party in substitution for SW London & St George's Mental Health Trust.