114. It should have been apparent at the latest by the time mefloquine was actually administered on 6 November, and probably before, that the Secretary of State would not be able to effect deportation within the period originally set, or within a reasonable period given the children, and either he should not have sought to exercise the power to detention at all or at worst released the Claimant and his family shortly after 6 November.

It was found that deportation was not going to be possible in a reasonable period, primarily due the European Court of Human Rights' policy of requesting that deportations be suspended pending various court decisions.

By Ed Mitchell

"An asylum seeker can argue that removal would seriously harm their mental health. Ed Mitchell looks at these "exceptional cases"