- Cited — The Secretary of State for the Home Department v The Queen (on the application of) AM 2022-06-10
“…d and if there is no current prospect of removal the power of detention cannot be exercised, see generally R v Governor of Durham Prison ex parte Hardial Singh [1984] 1 WLR 704.…”
- Applied — Kaitey (R on the application of) v Secretary of State for the Home Department 2021-12-10
“…e was not persuaded by the alternative argument advanced by BID. She regarded Ms Dubinsky’s argument based on R v Governor of Durham Prison, ex p. Hardial Singh[1984] 1 WLR 704 as essentially a circular one. She said that either the principles in Hardial Singh apply or they do not.…”
- Cited — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…detention pending exhaustion of appeal rights was not justified in the light of the principles set out in R v Governor of Durham Prison, ex parte Hardial Singh [1984] 1 WLR 704.…”
- Cited — ZA (Pakistan), R (On the Application Of) v The Secretary of State for the Home Department 2020-02-12
“…[1984] 1 WLR 704 (the…”
- Cited — ZA (Pakistan), R (On the Application Of) v The Secretary of State for the Home Department 2020-02-12
“…t there was no basis for finding that the Respondent’s detention had infringed the Hardial Singh principles (R v Governor of Durham Prison, ex p. Hardial Singh [1984] 1 WLR 704). In view of the finding that the Appellant would have been detained in any event, even if there had been full compliance with Rule 34, the judge awarded nomin…”
- Cited — AC (Algeria), R (On the Application Of) v The Secretary of State for the Home Department 2020-01-28
“…This appeal concerns the application of the “Hardial Singh” principles, first laid down in R v Governor of Durham Prison, ex parte Hardial Singh [1984] 1 WLR 704, and developed and interpreted in a number of authorities since. The particular application with which we are concerned is as to the “grace periods”, that peri…”
- Cited — ASK, R (On the Application Of) v The Secretary of State for the Home Department 2019-07-16
“…ose of the detention and rationally, contrary to the well-known common law principles set out by Woolf J in R v Governor of Durham Prison ex parteHardial Singh [1984] 1 WLR 704 (“Hardial Singh”) and article 5 of the European Convention on Human Rights (“the ECHR”).…”
- Cited — Lauzikas, R (on the application of) v Secretary of State for the Home Department 2019-07-09
“…At this stage the Hardial Singh principles come into play as derived from R vGovernor of Durham Prison, ex p. Hardial Singh [1984] 1 WLR 704 and reiterated by Lord Dyson JSC in R (Lumba) (Congo) v SSHD [2012] 1 A.C. 245 para 22:-…”
- Cited — The Secretary of State for the Home Department v Lucas, R (On the Application Of) 2018-11-16
“…ro submit that their detention was unlawful in any event because, contrary to the well-known principles in R v Governor of Durham Prison ex parte Hardial Singh [1984] 1 WLR 704 (“Hardial Singh”), it was for the purpose of being included in a documentation interview scheme which required the applicants to be detained.…”
- Cited — Hemmati & Ors, R (on the application of) v The Secretary of State for the Home Department 2018-10-04
“…whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home D…”
- Cited — Ararso v The Secretary of State for the Home Department 2018-04-24
“…ral principles relating to wrongful detention in an immigration context are set out in the well-known case of R v Governor of Durham Prison, ex p Hardial Singh [1984] 1 WLR 704. They do not need further discussion here. The overall approach, furthermore, is that generally it is for the person detaining to justify the detention as lawf…”
- Cited — VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-02-02
“…[1984] 1 WLR 704 and known as the…”
- Cited — VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-02-02
“…(c) The Hardial Singh principles: I have referred to the principles derived from the decision of Woolf J in R v Governor of Durham Prison, ex p Hardial Singh [1984] 1 WLR 704. Those principles, which mark out the boundaries of lawful immigration detention, have been affirmed many times. The most widely cited formulation of them is t…”