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23 January 2015
Issue: 7637 / Categories: Case law , Law digest , In Court
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Immigration

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R (on the application of Idira) v Secretary of State for Home Department [2014] EWHC 4299 (Admin), [2014] All ER (D) 241 (Dec)

The claimant time-served foreign national offender issued judicial review proceedings, seeking damages to reflect his unlawful detention in prison, rather than in an immigration removal centre. The Administrative Court, in dismissing the application, held that it had been unlawful for the secretary of state to operate a blanket policy, providing criteria for detention in prison, which had ignored the circumstances of any particular case. However, R (on the application of Krasniqi) v Secretary of State for the Home Department [2011] All ER (D) 145 (Dec) precluded a finding of breach of Art 5 of the European Convention on Human Rights.

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