The Court of Appeal has stressed the importance of carefully assessing the conduct of certain immigration detainees, particularly where they are accused of failing to co-operate with their removal from the UK:
80. In considering the application of the third Hardial Singh principle, particularly in the case of a foreign criminal in respect of whom none of the statutory exceptions arise, evasion or deception by the person whom it is desired to deport may well be relevant… careful consideration must be given to the alleged evasion or deception and the implications for deportation before a conclusion can properly be reached on the lawfulness of detention.
See Antonio, R (on the application of) v The Secretary of State for the Home Department  EWCA Civ 48 (08 February 2017).
What’s less clear is how suitable judicial review proceedings are for resolving such accusations, given that oral evidence is exceptional and detainees themselves are rarely heard.