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R v SSHD ex p Shylolibavan [2009] EWHC 1067 Admin

DATE: 15 May 2009

The Court upheld the SSHD's decision to refuse a fresh claim for asylum but held that the decision to detain the Claimant had been unlawful.  The SSHD had sought to argue that the recent decision of the Court of Appeal in ex p SK effectively gave him the right to detain anyone who might be regarded as 'imminently removeable'. Owen J rejected this interpretation and stated that any decision to detain had to be proportionate. Both parties have sought Permission to Appeal to the Court of Appeal.