Stephen Knafler QC and Shu Shin Luh in detention test case – application for permission to appeal to the Supreme Court

Tuesday 30 October 2012

Stephen Knafler QC and Shu Shin Luh have appeared for the claimant in a Court of Appeal Test case on immigration detention. R (AA) v Secretary of State for the Home Department [2012] EWCA Civ 1383

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The Court of Appeal recognised that "this application engages an important point of principle" but held that the immigration detention of AA had been lawful because, although AA had been a child at the time, he had been lawfully assessed as being an adult and the Secretary of State has acted rationally and lawfully in operating on that basis.

The case is being appealed to the Supreme Court.

The judgment can be found here.

Stephen Knafler QC and Shu Shin Luh are members of the Garden Court Immigration Team. They were instructed by John Peake of S W Law, solicitors.

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