Published 20th February 2018

Challenge to the legality of the detention of a Somalian detainee

The High Court has granted permission in a claim for judicial review challenging the legality of the detention of a Somalian national who arrived in the UK in 1991 when he was 11 years old. Jane Ryan of Bhatt Murphy represents the Claimant.

The Claimant was detained for more than 5 years ‘pending his removal’ from the UK between 10 December 2006 until his release on 24 April 2012, save for the period from 11 May 2009 until 21 July 2009 when he was detained pursuant to a six month custodial sentence. He has been granted permission to challenge his detention from 21 July 2009 to his release on 24 April 2012 i.e. nearly 2 years and 9 months. The Claimant’s first period of detention (i.e. from 10 December 2006 to 11 May 2009) is relevant to determining whether the overall length of his detention was reasonable and whether there was a reasonable prospect of removal within a reasonable time (i.e. whether his detention breached the Hardial Singh principles).

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