6 SAADI v. THE UNITED KINGDOM JUDGMENT the power to detain such as the likelihood of the applicant absconding, committing a crime or acting in ways not conducive to the public good. ... It is ... to be remembered that the power to detain is to 'prevent' unauthorised entry. In my opinion until the State has 'authorised' entry the entry is unauthorised. The State has power to detain without violating Article 5 until the application has been considered and the entry 'authorised'. ... There remains the issue whether, even if detention to achieve speedy asylum decision-making does fall within Article 5 § 1(f), 'detention was unlawful on grounds of being a disproportionate response to the reasonable requirements of immigration control'. ... The need for highly structured and tightly managed arrangements, which would be disrupted by late[ness] or non-attendance of the applicant for interview is apparent. On the other side applicants not living at Oakington, but living where they chose, would inevitably suffer considerable inconvenience if they had to be available at short notice and continuously in order to answer questions. It is regrettable that anyone should be deprived of his liberty other than pursuant to the order of a court but there are situations where such a course is justified. In a situation like the present with huge numbers and difficult decisions involved, with the risk of long delays to applicants seeking to come, a balancing exercise has to be performed. Getting a speedy decision is in the interests not only of the applicants but of those increasingly in the queue. Accepting as I do that the arrangements made at Oakington provide reasonable conditions, both for individuals and families and that the period taken is not in any sense excessive, I consider that the balance is in favour of recognising that detention under the Oakington procedure is proportionate and reasonable. Far from being arbitrary, it seems to me that the Secretary of State has done all that he could be expected to do to palliate the deprivation of liberty of the many applicants for asylum here.” II. RELEVANT DOMESTIC LAW AND PRACTICE A. The Immigration Act 1971 1. Detention 19. The Immigration Act 1971 (“the 1971 Act”), Schedule 2, paragraph 2, entitles an immigration officer to examine any person arriving in the United Kingdom to determine whether he or she should be given leave to enter. Paragraph 16(1) provides: “A person who may be required to submit to examination under paragraph 2 above may be detained under the authority of an immigration officer pending his examination and pending a decision to give or refuse him leave to enter.”

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