R (Chahboub) v SSHD [2009] EWHC 1989 (Admin)

Failed asylum seeker's challenge to detention in prison rather than immigration centre. (1) The first of the two periods of detention was outside the 3-month JR time limit so permission was refused in respect of that period. (2) The policy with respect to whether mentally ill people should be detained did not apply to the claimant, who had a personality disorder rather than mental illness. (3) The detention was justified under common law (intention to deport, detention for reasonable period, deportation possible in reasonable period, reasonable diligence to deport). (4) His transfer from the immigration centre to prison, because he had proved unmanageable, was in accordance with policy. (5) The manner of his detention in prison (required to share cell with convicted prisoner, dietary requirements ignored, 23-hour lock-up, limited access to telephone and visitors) was contrary to policy and breached his Article 5 rights.

Related judgments

R (MC (Algeria)) v SSHD [2010] EWCA Civ 347

Notes

  • Paras 1-14: Introduction
  • Paras 15-17: 1. First period of detention
  • Paras 18-25: 2. Mental illness policy
  • Paras 26-39: 3. Common law position
  • Paras 40-43: 4. Transfer to prison
  • Paras 44-51: 5. Manner of detention

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