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Legislation obliging detention prevented a false imprisonment claim being made

Assad v Secretary of State for the Home Department [2015] EWHC 2281 (QB)

Related Member(s):
Kirsten Sjøvoll
Related Practice Area(s):
Immigration, Asylum and Free Movement, Human Rights

The claimant sought damages in the tort of false imprisonment from his alleged unlawful detention. Although the Secretary of State’s duty from her detention of victims of torture policy had not been assessed, the court held that where the Secretary of State was obliged by the UK Borders Act 2007, s 36(2), to detain an individual who had a deportation order made against them, that statutory warrant prevented the claimant from making a false imprisonment claim.

Kirsten Sjovoll was involved in this case.