“…[2019] QB 285 at [197]-[200]; (2) interpret the true meaning of the policy (see R (SK (Zimbabwe)) v. Secretary of State for the Home Department [2011] UKSC 23, [2011] 1 WLR 1299 at [36]; (3) determine whether policies have misstated the law which would lead others into legal error which might lead to their quashing (see A v. SSHD at [4…”
“…ntion will not be lawful “if the unlawful policy bore on and was relevant to the decision to detain”, see Kambadzi v Secretary of State for the Home Department [2011] 1 WLR 1299 at paragraph 42. This means, in the immigration law context, that the unlawful policy has been applied by or taken into account by the decision-maker, see para…”
“…In R (Kambadzi) v SSHD [2011] UKSC 32, [2011] 1 WLR 1299, at [40] Lord Hope said: “Where there is an executive discretion to detain someone without limit of time, the right to liberty demands that the cause of action…”