3 Mar 2009
\'YA\' v. DIRECTOR OF IMMIGRATION
- Citation
- \'YA\' v. DIRECTOR OF IMMIGRATION
- Court
- Court of First Instance
- Case number
- HCAL28/2007
The detentions were unlawful from the dates of the CAT claims until release because the exercise of s32 detention powers lacked a published and accessible policy and thus violated art 5(1) of the Bill of Rights; damages for unlawful detention are compensatory and must be awarded globally taking into account loss of liberty, injury to feelings, individual circumstances and any mitigating factors such as prior lawful detention or applicant conduct; aggravated and exemplary damages require specific aggravating or outrageous conduct which was not established on these facts, so only ordinary damag…