Hearings
England & Wales
15 Jun 2016 [2016] EWHC 1394 (Admin); [2016] 1 WLR 4243; [2016] WLR (D) 328, QBD (Garnham J)
Khaled v Secretary of State for the Home Department (No 2)
Additional names
SK v Secretary of State for the Home Department
FK v Secretary of State for the Home Department
See also
Subject Matter
IMMIGRATION — Asylum — Detention pending removal — Claimant asylum seekers detained pending removal to member state responsible for examining their asylum applications pursuant to European Union Regulation — Medical examiners expressing concerns that three claimants might have been victims of torture — Claims for damages for false imprisonment — Whether preconditions for detention in European Union Regulation applicable and having direct effect — Whether detention in breach of Home Secretary’s policy — Whether length of period of detention unreasonable — Whether detention unlawful — Whether entitlement to more than nominal damages — Parliament and Council Regulation (EU) No 604/2013, art 28
[2016] EWHC 1394 (Admin); [2016] 1 WLR 4243; [2016] WLR (D) 328, QBD
Appellate History
Khaled v Secretary of State for the Home Department (No 2) [2016] EWHC 1394 (Admin); [2016] 1 WLR 4243; [2016] WLR (D) 328, QBD
Decision of Garnham J reversed
R (Hemmati) v Secretary of State for the Home Department [2018] EWCA Civ 2122; [2019] QB 708; [2019] 2 WLR 814; [2018] WLR (D) 632, CA