R (ASK) v SSHD [2019] EWCA Civ 1239

Immigration detention "These appeals raise important issues concerning the powers of the Respondent Secretary of State to detain those who suffer from mental health conditions pending removal from the United Kingdom. In each case, the Appellant is a foreign national who satisfied the statutory criteria for detention pending removal, but who suffered from mental illness such that it is said that, for at least some of the period he was detained, he was not only unfit to be removed and/or detained in an immigration removal centre ("IRC"), but did not have mental capacity to challenge his detention and/or engage with the procedures to which he was subject as a detainee. As a result, it is submitted that, in detaining each Appellant, the Secretary of State acted unlawfully in one or more of the following ways. ..."

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Repatriation cases🔍 See Repatriation for background information

Date: 16/7/19🔍

Court: Court of Appeal (Civil Division)🔍

Judicial history:

• R (ASK) v SSHD [2019] EWCA Civ 1239
• R (ASK) v SSHD [2017] EWHC 196 (Admin)

Judge(s):

• Longmore🔍
• Hickinbottom🔍
• Peter Jackson🔍

Parties:

• ASK🔍
• Secretary of State for the Home Department🔍
• NHS England🔍

Citation number(s):

• [2019] EWCA Civ 1239^B

What links here:

• Repatriation
• R (ASK) v SSHD [2017] EWHC 196 (Admin)

Published: 17/7/19 10:17

Cached: 2024-04-24 18:16:00