R (on the application of Anam) v Secretary of State for the Home Department [2009] EWHC 2496 (Admin), [2009] All ER (D) 127 (Oct)
The case involved a challenge to a mentally ill Bangladeshi national’s detention pending deportation, with reference to the secretary of state’s policy contained in ch 55 of the Enforcement Instructions Guidance, entitled “Detention and Temporary Release”, not to detain mentally ill persons pending deportation, save in “very exceptional circumstances”.
The court ruled that although a person’s mental illness meant a strong presumption in favour of release would operate, there were other factors which had to go into the balance in a decision to detain.
The phrase “very exceptional circumstances” referred to at para 55.10 had to be construed in the context of the policy, namely that it was a policy which provided guidance for the detention of all those liable to removal, not merely foreign national prisoners.
