15 Jun 2007
‘AS’v. DIRECTOR OF IMMIGRATION
- Citation
- ‘AS’v. DIRECTOR OF IMMIGRATION
- Court
- Court of First Instance
- Case number
- HCAL10/2007
A Convention Against Torture claim does not automatically invalidate a valid deportation or removal order nor convert detention under ss.32(3)/(3A) into detention for an unauthorised purpose; detention remains 'pending removal' (i.e. until or while awaiting removal) and is lawful so long as the Director intends to effect removal and the detention remains reasonable in all the circumstances in accordance with the Hardial Singh principles; the applicants' challenges to quash orders and to declare detention unlawful were therefore dismissed, with no finding made on specific periods of detention…