R (HA (Nigeria)) v SSHD [2012] EWHC 979 (Admin), [2012] MHLO 41

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(1) The claimant's immigration detention (firstly 1/5/10-5/7/10, then 5/11/10-15/12/10) had been unlawful; (2) the time it took to transfer him to hospital (i.e. 1/5/10-5/7/10) was manifestly unreasonable and unlawful; (3) the policy introduced on 26/8/10 in relation to detention of people with mental illness was unlawful in breach of the defendant's duties under s71 Race Relations Act 1976 and s49A Disability Discrimination Act 1995. (4) The circumstances of the claimant's detention breached Article 3 during both periods.

External links

BAILII

Karwan Eskerie, 'Irrational, inhuman and degrading: detention of a mentally ill asylum-seeker was unlawful' (UK Human Rights Blog, 23/4/12)