16 SAADI v. THE UNITED KINGDOM JUDGMENT 43. Article 5 § 1 sub-paragraphs (a) to (f) contain an exhaustive list of permissible grounds of deprivation of liberty, and no deprivation of liberty will be lawful unless it falls within one of those grounds (see, inter alia, Witold Litwa v. Poland, no. 26629/95, § 49, ECHR 2000-III). In the present case the Government's principal contention is that the detention was justified under the first limb of Article 5 § 1(f); although they argue in the alternative that it might also have been justified under the second limb of that sub-paragraph. The Court must accordingly first ascertain whether the applicant was lawfully detained “to prevent his effecting an unauthorised entry into the country”. B. Whether the deprivation of liberty was permissible under subparagraph (f) of Article 5 § 1 1. The Chamber judgment 44. In its judgment of 11 July 2006 the Chamber held, by four votes to three, that the detention fell within the first limb of Article 5 § 1(f). The Chamber observed that it was a normal part of States' “undeniable right to control aliens' entry into and residence in their country” that States were permitted to detain would-be immigrants who had applied for permission to enter, whether by way of asylum or not. Until a potential immigrant had been granted leave to remain in the country, he had not effected a lawful entry, and detention could reasonably be considered to be aimed at preventing unlawful entry. 45. The Chamber continued that detention of a person was a major interference with personal liberty, and must always be subject to close scrutiny. Where individuals were lawfully at large in a country, the authorities might detain only if a “reasonable balance” was struck between the requirements of society and the individual's freedom. The position regarding potential immigrants, whether they were applying for asylum or not, was different to the extent that, until their application for immigration clearance and/or asylum had been dealt with, they were not “authorised” to be on the territory. Subject, as always, to the rule against arbitrariness, the Chamber accepted that the State had a broader discretion to decide whether to detain potential immigrants than was the case for other interferences with the right to liberty. Accordingly, there was no requirement in Article 5 § 1 (f) that the detention of a person to prevent his effecting an unauthorised entry into the country be reasonably considered necessary, for example to prevent his committing an offence or fleeing. All that was required was that the detention should be a genuine part of the process to determine whether the individual should be granted immigration clearance and/or asylum, and that it should not otherwise be arbitrary, for example on account of its length.

Select target paragraph3