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Immigration

07 March 2014
Issue: 7597 / Categories: Case law , Law digest , In Court
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R (on the application of Kajuga) v Secretary of State for the Home Department [2014] EWHC 426 (Admin), [2014] All ER (D) 273 (Feb)

It was a matter of common sense that if a person obstructed the deportation process and fails to cooperate with the secretary of state then the “reasonable” period would be longer and probably much longer. While it might not be indefinite, it could certainly extend to a period covering, if necessary, a number of years, provided the secretary of state made real and continuous efforts to ascertain where the detainee had come from and should be deported to. The period would continue to be reasonable until those efforts were finally exhausted. If that were not the case then those liable to deportation could frustrate the process and work it to their own advantage by failing to co-operate with the authorities. Their release back into the community could generate fresh claims, prolonging the deportation process and using up further resource.

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Carey Olsen—Kim Paiva

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