R (MR (Pakistan)) v Secretary of State for Justice

Subject Matter

IMMIGRATION — Detention — Detention pending deportation — Immigration detainees held in prison after serving prison sentences pending deportation — Whether absence of equivalent detention centre rules as to detainee’s health rendering immigration detention in prison estate unlawful — Prison Rules 1999 (SI 1999/728), rr 20, 21 — Detention Centre Rules 2001 (SI 2001/238), rr 34, 35

[2019] EWHC 3567 (Admin); [2020] 4 WLR 39; [2020] WLR(D) 62, QBD

IMMIGRATION — Detention — Detention pending deportation — Immigration detainees held in prison after serving prison sentences pending deportation — Whether absence of equivalent detention centre rules as to detainee’s health systemically unfair rendering immigration detention in prison estate unlawful — Whether irrational not to have obtained medical information of detainee’s status as victim of past torture — Prison Rules 1999 (SI 1999/728), rr 20, 21 — Detention Centre Rules 2001 (SI 2001/238), rr 34, 35

[2021] EWCA Civ 541; [2021] 4 WLR 79; [2021] WLR(D) 197, CA

Appellate History

Commentary

Free Movement
Lack of Rule 35 process in prisons is unlawful, Court of Appeal finds Case comment

UK Human Rights Blog
The missing Rule 35 mechanism for immigration detention in prison Case comment