“… follow that if detention in an IRC is unsuitable then release is mandated. Ms Anderson relied on R (IM) (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1561, [2014] 1 WLR 1876 in which Lloyd Jones LJ, with whom Lewison LJ and Sir Stanley Burnton agreed, stated at [37] that the policy applies to detention in an IRC …”
“…45. He considered article 3 at J, [116] – [128]. He also cited the statement of Lloyd Jones LJ in R (IM) (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ. 1561, [2014] 1 WLR 1870 at [65] that “Article 3 requires the state adequately to secure the wellbeing of prisoners (and therefore detainees) by providing the requir…”