21 Aug 2009
RAJU GURUNG v. THE SECRETARY FOR SECURITY AND ANOTHER
- Citation
- RAJU GURUNG v. THE SECRETARY FOR SECURITY AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL5/2009
Detention from 27 February 2008 to 18 October 2008 was unlawful because it breached Article 5(1) by reason of lack of published detention/release policy (per A (Torture Claimant)), but the detention throughout was otherwise justifiable under Hardial Singh principles; following publication of revised policy on 18 October 2008 detention was lawful; the Director's refusal to release on recognisance was not Wednesbury unreasonable; no causal link between the Article 5(1) breach and the claimant's continued detention therefore damages are not payable.