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

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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 ____________________

"Pending" means "until" ( R (Khadir) v Home Secretary [2006] 1 AC 207 , paragraph 32). The defendant accordingly has jurisdiction to detain.

Those principles have been applied in a variety of factual circumstances. It is now settled law that generally the date from which the lawfulness of detention falls to be considered is the date on which appeal rights were exhausted: see R (on the application of Q) v Secretary of State [2006] EWHC 2690 at paragraph 20.

The suggestion was made that he might be served with a requirement to provide information under section 35 of the Asylum and Immigration (Treatment of Claimants et cetera) Act 2004, leading to prosecution if he failed to comply. In the event, no such form was served upon him and he has not been prosecuted. On 26th November 2007 a document which was not served on the claimant was prepared which, for the purposes of section 35, required him to provide: