“…tention Action) v Secretary of State for the Home Department [2014] EWCA Civ 1270 (“DA 3”). In R(Detention Action) v Secretary of State for the Home Department [2014] EWCA Civ 1634 (“DA4”) the Court of Appeal found that the policy concerning detention for the purposes of the DFT process had changed in 2008. Before that date only those who…”
“…013. As part of that claim, it was submitted that, as found in a series of judgments including R(Detention Action) v Secretary of State for the Home Department [2014] EWCA Civ 1634; [2015] INLR 372, the DFT scheme was unlawful in a number of respects.…”
“…That decision was the subject of appeal. The relevant decision of the Court of Appeal (“DA4”) was handed down on 16 December 2014: [2014] EWCA Civ 1634. In his judgment, Beatson LJ (with whom Floyd LJ and Fulford LJ agreed) held that detention of an appellant under the DFT criteria after a decision by the Secr…”