AYZ v The Home Office [2018] EWHC 2914 (QB) (06 November 2018)
The Hardial Singh principles apply only to the exercise of the statutory power to detain, not to pre-detention conduct. The Home Office's delays in recognising AYZ's refugee status and processing removal did not amount to illegality or breach of HS4. The risk assessments and ongoing removal proceedings justified...
Source-derived case information.
- Citation
- [2018] EWHC 2914 (QB)
- Parties
- Claimant: AYZ; Defendant: The Home Office
- Jurisdiction
- England and Wales
- Judgment Date
- 06 November 2018
- Procedural Posture
- Civil Claim for Unlawful Detention / High Court Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Unlawful Detention, Deportation, Refugee Status, Hardial Singh Principles, Article 3 ECHR
Source-derived case record
Summary, issues, holding and outcome
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Parties
AYZ
Claimant
The Home Office
Defendant
Procedural Posture
Civil Claim for Unlawful Detention / High Court Judgment
Legal Issues
- 1 Whether AYZ's immigration detention was unlawful under common law and statutory principles
- 2 Application of Hardial Singh principles to the period and manner of detention
- 3 Lawfulness of detention authorisation under IS91 forms
Ratio Decidendi
The Hardial Singh principles apply only to the exercise of the statutory power to detain, not to pre-detention conduct. The Home Office's delays in recognising AYZ's refugee status and processing removal did not amount to illegality or breach of HS4. The risk assessments and ongoing removal proceedings justified continued detention. The IS91 authorisation was sufficient and did not render detention unlawful post-2 June 2014.
Court Disposition
Claim dismissed
Full Case Text
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