PRACTICEHabeas corpus - asylum seeker seeking to challenge illegal immigrant decision after three-year delay and after release from detention - abuse of processR v Secretary of State for the Home Department, Ex parte Sheik: CA (Schiemann and Tuckey LJJ and Swinton Thomas): 7 December 2000After arriving in England the applicant applied for asylum.

During an interview concerning that application it appeared that he was an illegal immigrant because had obtained the visa to enter Britain by deception; a notice to that effect was duly served in July 1995.

A notice of refusal of the asylum application was served in May 1996.

After appealing to the adjudicator and tribunal unsuccessfully against the refusal the applicant sought judicial review in respect of the asylum application.

Shortly before the hearing he sought permission to move for judicial review of the illegal immigrant decision.

The judge and the Court of Appeal refused permission on the basis that the application was too late.

In May 1999 the applicant applied for habeas corpus.

The judge dismissed the application as an abuse of process.

The applicant appealed.Robert Jay QC (instructed by Malik Adams, Manchester) for the applicant.

Stevan Kovats (instructed by Treasury Solicitor) for the Secretary of State.Held, dismissing the appeal, that a detention resulting from an administrative decision could be challenged either by habeas corpus or judicial review; that, unlike judicial review which should be sought expeditiously, an application for habeas corpus could be issued seeking the justification of each day's detention even after a long delay if the applicant remained in detention; that although the objective of reaching finality in litigation should not lead to any injustice, repeated challenges to an administrative decision could leave its validity in doubt; and that since the delay was unexplained and the applicant was no longer in detention the application was an abuse of process and the court would not depart from the principle of finality of litigation.