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07 October 2010
Issue: 7436 / Categories: Case law , Law reports
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Immigration—Detention—Judicial review

R (on the application of MXL and others) v Secretary of State for the Home Department [2010] EWHC 2397 (Admin), [2010] All ER (D) 05 (Oct)

Queen’s Bench Division, Administrative Court Blake J, 30 Sept 2010

It is a defence to an allegation that detention was unlawful if it was open to a reasonable secretary of state to make the decision to detain.

Stephanie Harrison (instructed by Bhatt Murphy Solicitors) for the claimant.
Jeremy Johnson (instructed by the Treasury Solicitors) for the defendant.

The claimant was a Jamaican national. She entered the United Kingdom in 2001, and was granted leave to enter for six months. In 2003, she was granted leave to remain as the spouse of a British citizen. Her two children were born in 2003 and 2007.

The claimant had a long criminal record for offences of theft. Between her arrival and 2008, she was convicted of nineteen offences of theft on six separate occasions.

In 2007, two months after the birth of her second child, she was arrested in connection with an offence

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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