HCS, Re Application for Judicial Review

[2] Between January and May 2008 the respondent avers that arrangements were being made to remove the petitioner from the United Kingdom . On 19 and 20 May 2008 the petitioner applied to the European Court of Human Rights ("ECtHR") asking the court to suspend any plans to remove him from the United Kingdom. The ECtHR granted his request on 21 May 2008 and the respondent cancelled the removal directions, which had been set for 4 June 2008 , upon receipt of this Order.

[3] By letter dated 21 October 2008 the ECtHR advised the respondent that all applications concerning expulsions to Somalia would be adjourned pending the decision in HH and Others ( Mogadishu : Armed Conflict: Risk) Somalia [2008] UK AIT 00022 . The Court of Appeal issued its judgment in HH and Others on 23 April 2010 .

[5] There remained outstanding issues between the parties. In particular, issues arose as to (i) whether the respondent's initial decision on about 16 August 2007 to detain the petitioner was lawful and reasonable, (ii) whether the respondent's subsequent monthly decisions to continue to detain the petitioner until he was liberated by this court were lawful and reasonable, and (iii) if the answer to either of the above questions is in the negative, quantification of damages.

[6] Both counsel helpfully provided the court with written outline submissions (Nos.13 and 14 of process). I do not seek to repeat these verbatim here, but have taken account of their whole content, as well as everything said in oral submissions.

Submissions for the petitioner [7] Senior counsel for the petitioner began his submissions on 8 June 2010 with three propositions, the third of which was concerned with the argument for interim liberation and which I need not repeat here. The other two remain relevant and are as follows: