Nyamwaya, R (On the Application Of) v Secretary of State for the Home Department & Anor

Nyamwaya, R (On the Application Of) v Secretary of State for the Home Department & Anor

The only remaining issue is the claim for unlawful detention; all other claims are dismissed or have become academic due to the claimant's release. Complaints about treatment do not affect lawfulness of detention. The claim is transferred to the County Court for hearing and disposal.

Parties
Claimant: Nyamwaya; First Defendant: Secretary of State for the Home Department; Second Defendant: Governor of HMP Wandsworth
Jurisdiction
England and Wales
Judgment Date
09 November 2016
Procedural Posture
Judicial Review / Ruling on Transfer and Dismissal of Claims
Outcome
Claim for unlawful detention transferred to Central London County Court; all other claims dismissed or discharged.
Legal Topics
Unlawful Detention, Habeas Corpus, Injunction Against Removal, Judicial Review, Damages for Unlawful Detention
Immigration Law Public Law Prison Law Unlawful Detention Habeas Corpus Injunction Against Removal Judicial Review Damages for Unlawful Detention

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Parties

Nyamwaya

Claimant

Secretary of State for the Home Department

First Defendant

Governor of HMP Wandsworth

Second Defendant

Procedural Posture

Judicial Review / Ruling on Transfer and Dismissal of Claims

Legal Issues

  1. 1 Whether the claimant's detention under immigration powers was unlawful
  2. 2 Whether complaints about treatment in prison affect lawfulness of detention
  3. 3 Whether an injunction against removal is required

Ratio Decidendi

The only remaining issue is the claim for unlawful detention; all other claims are dismissed or have become academic due to the claimant's release. Complaints about treatment do not affect lawfulness of detention. The claim is transferred to the County Court for hearing and disposal.

Court Disposition

Claim for unlawful detention transferred to Central London County Court; all other claims dismissed or discharged.

Orders

  • Claim for unlawful detention transferred to Central London County Court
  • Second defendant discharged as party except for evidence and costs