Deportee's detention over 34 months not unlawful

R (on the application of Mohamed) v. Secretary of State for the Home Department [2010] EWHC 1244.

Mr Justice Hickinbottom has recently decided that the Secretary of State had not acted unlawfully in detaining a deportee for 34 months who had a reasonable prospect of removing a deportee within a reasonable time, and hence that continued detention was not in violation of the European Convention on Human Rights 1950 art.5. Relevant factors included the length of detention, obstacles in the path of deportation, diligence and effectiveness of steps taken towards deportation, specific adverse effects on deportee or his family, risk of absconding, likelihood that country of origin would accept the deportee and a decision by the Asylum and Immigration Tribunal that continued detention would be lawful.

Sam Karim acted for the Secretary of State

Melanie Plimmer acted for the Claimant

The judgement is available to download below: