The Applicant, an asylum seeker, had been held in immigration detention for over 3 years and 3 months at Castle Peak Bay Immigration Centre following a term of imprisonment for blackmail in 2018. The Court of Appeal found that the Applicant’s detention was in breach of the ‘Hardial Singh Principles’ because (i) it had gone on for a period of time that was unreasonable in all the circumstances, and (ii) his removal could not be effected within a reasonable time. Mr Singh’s detention had therefore become unlawful, and he was entitled to immediate release. The judgment contains a number of significant developments in the application of the ‘Hardial Singh Principles’.
Tim Parker appeared (alongside Josh Baker) for Mr Singh, instructed by Mohnani & Associates.
The full judgment can be found here.