15 Oct 2008
HASHIMI HABIB HALIM v. DIRECTOR OF IMMIGRATION
- Citation
- HASHIMI HABIB HALIM v. DIRECTOR OF IMMIGRATION
- Court
- Court of First Instance
- Case number
- HCAL139/2007
The Director’s posted and served documents did not constitute a sufficiently certain and complete policy about when the s32 detention power would be exercised; because the required policy was deficient Article 5(1) was infringed and the applicant is currently unlawfully detained. Although post‑hoc remedial steps can cure defects in principle, the particular materials provided here were legally inadequate to validate detention.