R (Abu-Rideh) v MHRT [2004] EWHC 1999 (Admin)

The claimant was a foreign national detained under the Immigration Act 1971 as a suspected terrorist, then transferred to hospital under s48/49 MHA 1983; the MHRT proceeded on the basis that the only realistic alternative was return to prison, where he would relapse; he argued that the MHRT ought to have considered the question of discharge by reference to discharge into the community, even though this was an impossibility; the Tribunal had been correct in their approach.

Notes

The claimant was detained under the Immigration Act 1971 following the issue of a certificate by the Home Secretary under the s21 Anti-Terrorism, Crime and Security Act 2001 to the effect that the Secretary of State reasonably believed that the claimant's presence in the United Kingdom was a risk to national security and reasonably suspected that he is a terrorist.

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