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R. (on the application of Aziz) v Secretary of State for the Home Department. [2011] EWHC 554 (Admin).

DATE: 16 Feb 2011

Department   Queen’s Bench Division  (Administrative) Court.  The detention of a foreign national for a period of 21 months pending his deportation was lawful given his lack of co-operation with the secretary of state, who had attempted during that period to discover his true nationality so as to effect his deportation. However, as there was no longer a realistic prospect of deporting the foreign national from the UK within a reasonable time, his continued detention would be unlawful.