R (on the application of Idira) v Secretary of State for the Home Department [2015] EWCA Civ 1187, [2015] All ER (D) 201 (Nov)
The Court of Appeal dismissed the claimant’s appeal against the judge’s finding that his detention in prison, rather than in an immigration removal centre (IRC), had not been in breach of Art 5(1) of the European Convention on Human Rights. The court held that detention in an IRC was generally more appropriate for immigrant detainees than detention in prison. That included time-served foreign national offenders who had been assessed as not posing a risk to the stability of IRCs or to the safety of others who were being held there. However, subject to exceptions for vulnerable detainees, detention in a prison was not generally arbitrary and in breach of Art 5(1).
