The Illegal Migration Act 2023 and the Hardial Singh principles – Administrative Court Blog
‘The High Court has considered for the first time the impact of section 12 of the Illegal Migration Act 2023 (IMA 2023) on the operation of the Hardial Singh principles in challenges against immigration detention. Although the Court accepted that Parliament succeeded in modifying the orthodox operation of Hardial Singh, it has also, very significantly, determined that the 2023 Act does not affect the Court’s approach in determining similar challenges relying on Article 5(1)(f) of the ECHR. The case is R (MXV) v Secretary of State for the Home Department [2026] EWHC 251 (Admin).’
Administrative Court Blog, 10th February 2026

