A & Ors, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, January 21, 2008, [2008] EWHC 142 (Admin)

Reporting Judge: [2008] EWHC 142 (Admin)

President: A & Ors, R (on the application of) v Secretary of State for the Home Department

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A & Ors, R (on the application of) v Secretary of State for the Home Department, Court of Appeal - Administrative Court, January 21, 2008, [2008] EWHC 142 (Admin)

SMITH BERNAL WORDWAVE

CO/11426,11431,11434 & 11439/2007

Neutral Citation Number: [2008] EWHC 142 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Date: Monday, 21st January 2008

B e f o r e:

MR JUSTICE MITTING

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Between:

THE QUEEN ON THE APPLICATION OF

(1) A

(2) MA

(3) B

(4) ME

Claimants

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Defendant

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Computer-Aided Transcript of the Stenograph Notes of

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(Official Shorthand Writers to the Court)

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Mr R Drabble QC and Mr A Goodman (instructed by Fisher Meredith and Leigh Day & Co) appeared on behalf of the Claimants

Mr P Patel (instructed by the Treasury Solicitor) appeared on behalf of the Defendant

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JUDGMENT

1. MR JUSTICE MITTING: The claimants seek, by applications for a writ of a habeas corpus or for a mandatory order made in judicial review proceedings to secure their release from immigration detention.

2. The cases have common features but, as always in cases of this kind, it is necessary to examine with some care the particular facts relating to each. Each claimant has been served with notice of an intention to deport. Deportation orders have been made. Appeal rights, if exercised, have been exhausted. In each case neither the claimants nor the Home Office have been able to satisfy the Algerian authorities of the identity, and perhaps nationality, of each of them. The Algerian authorities have undertaken enquiries on the basis of information supplied by...

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