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Litigation Letter

Detention not authorised

R (on the application of Gomes) v Secretary of State for the Home Department [2016] EWCA Civ 373, [2016] All ER (D) 83 (Apr) NLJ 29 April

The Court of Appeal in allowing the claimant Portuguese national’s appeal, construed the warrant authorising the claimant’s immigration detention as having authorised only one continuous period of detention. The warrant did not extend to after the defendant secretary of state was granted permission to appeal against the claimant’s successful appeal against her deportation order, and authorisation for detention was not provided by detention reviews.

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