The WLR Daily case summaries
[2018] WLR (D) 632
Court of Appeal
Regina (Hemmati and another) v Secretary of State for the Home Department
Regina (Abdulkadir and another) v Secretary of State for the Home Department
Regina (S) v Secretary of State for the Home Department
[2018] EWCA Civ 2122
2018 June 26–28; Oct 4
Sir Terence Etherton MR, Sales, Peter Jackson LJJ
European Union— Immigration— Asylum— Detention pending removal— Foreign nationals entering United Kingdom illegally and claiming asylum after having made asylum claims in other European Union member states— Claimants assessed to pose significant risk of absconding detained pending removal to member state where asylum previously claimed— Whether member states required to establish objective criteria for assessment of risk of absconding— Whether domestic law failing to specify objective criteria— Whether absence of criteria in domestic law leading to inapplicability of provision allowing detention— Whether claimants entitled to damages for false imprisonment or breach of European Union law—
Immigration Act 1971 (c 77), Sch 2, para 16(2)
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Parliament and Council Regulation (EU) No 604/2013, arts 2(n), 28(2)