Section 87.2

The applicant must make the application by filing— a claim form under Part 8; and a witness statement or affidavit. The witness statement or affidavit must— state that the application is made at the instance of the person being detained; set out the nature of the detention; and subject to paragraph (3), be made by the detained person. If the detained person is unable to make the witness statement or affidavit, the witness statement or affidavit— may be made by some other person on behalf of the detained person; and must state the reason why the detained person is unable to make the witness statement or affidavit. The claim form must be filed in the Administrative Court. The application may be made without notice. In cases of urgency, the judge— may dispense with the requirement that a claim form must be filed; and must give directions for the conduct of the application.

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Source: legislation.gov.uk · retrieved 2026-08-15