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Immigration – Detention. The claimant Sudanese national sought judicial review of his immigration detention on grounds including the defendant Secretary of State's failure to respond to medical reports, allegedly supporting his claim to have been tortured. The Administrative Court held that the claimant was only entitled to nominal damages for one period of unlawful detention, as he would have been detained in any event. However, he was entitled to real damages for a period of unlawful detention after service of a further medical report, which would have resulted in the quashing of the deportation order. The court further ordered the claimant's release.
Immigration – Detention. The claimant Sudanese national sought judicial review of his immigration detention on grounds including the defendant Secretary of State's failure to respond to medical reports, allegedly supporting his claim to have been tortured. The Administrative Court held that the claimant was only entitled to nominal damages for one period of unlawful detention, as he would have been detained in any event. However, he was entitled to real damages for a period of unlawful detention after service of a further medical report, which would have resulted in the quashing of the deportation order. The court further ordered the claimant's release.
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