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NUKAJAM Judgement - 22/01/10 |
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Written by Emma Ginn
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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.
Since the error over the drug was clearly begun prior to the commencement of detention I am prepared to conclude on balance that had proper attention been given to the anti-malarial treatment the Secretary of State would not have sought to detain the Claimant and his family at all at that stage but reset the date having regard to the IDI provisions and the need to keep the period to the minimum given the presence of three young children. Download the judgment |
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Last Updated ( Friday, 05 February 2010 )
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