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R (On The Application of (1) Predrag Karas (2) Stanislava Miladinovic) v Secretary Of State for the Home Department [2006] EWHC 747 (Admin)

The asylum seekers' detention, on the evidence, was deliberately planned with a view to what was a collateral and improper purpose, namely the removal of the asylum seekers from jurisdiction before there was likely to be time for them to obtain and act upon legal advice or apply to the court, which was unlawful and rendered the detention itself unlawful.

28 April 2006

The claimant asylum seekers (H and W) applied for judicial review of the refusal of the defendant secretary of state to consider representations, which were made following the rejection of H's asylum claim, as a fresh claim, and of the secretary of state's decision to detain both H and W for over two weeks. The claimants, Croatian nationals of Serbian origin, had met in the United Kingdom whilst W had a student visa and H had been awaiting a decision on his claim for asylum. The secretary of state had refused his claim and issued removal directions. H's solicitors requested in several letters over two years and four months that H's case be considered as a fresh claim in reliance on the European Convention on Human Rights 1950 Art 3 and Art 8 but the secretary of state did not respond. In the meantime, H and W married and W became pregnant. About three years after the initial removal directions, the claimants were detained by immigration officials at their home one evening and were i...

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