32 SAADI v. THE UNITED KINGDOM JUDGMENT - JOINT PARTLY DISSENTING OPINION OF JUDGES ROZAKIS, TULKENS, KOVLER, HAJIYEV, SPIELMANN AND HIRVELÄ admission (see paragraphs 20-21 of the judgment), under the terms of which he could spend the night in the hotel of his choice but had to return to the airport the following morning. On 31 December 2000 the applicant reported as required and was again granted temporary admission until the next day. When he again reported to the airport as agreed he was granted temporary admission for the third time until 10 a.m. the following day, 2 January 2001. It was not until 2 January, after reporting as required, that he was detained and transferred to the Oakington reception centre, where there is a prisonlike atmosphere. In any event, the theoretical debate as to whether a person is unlawfully present within a country's territory until he or she has been granted leave to enter is of no real relevance in this case, given that the applicant was in fact given permission to enter for three days. When considering the context, object and purpose of Article 5 of the Convention, the judgment rightly stresses “the importance of Article 5 in the Convention system”, which “enshrines a fundamental human right, namely the protection of the individual against arbitrary interferences by the State with his right to liberty” (see paragraph 63). However, the majority deem it necessary to consider what is meant by “protection against arbitrariness” in the present case, and take the view that “the principle that detention should not be arbitrary must apply to detention under the first limb of Article 5 § 1 (f) in the same manner as it applies to detention under the second limb. Since States enjoy the right to control equally an alien's entry into and residence in their country ..., it would be artificial to apply a different proportionality test to cases of detention at the point of entry than that which applies to deportation, extradition or expulsion of a person already in the country” (see paragraph 73). Hence, the judgment does not hesitate to treat completely without distinction all categories of non-nationals in all situations – illegal immigrants, persons liable to be deported and those who have committed offences – including them without qualification under the general heading of immigration control, which falls within the scope of States' unlimited sovereignty. In the context of migration, according to the judgment, the only requirement which the detention measure must satisfy to avoid being branded as arbitrary is that it must have been carried out “in good faith”. It must also “be closely connected to the purpose of preventing unauthorised entry of the person to the country” (see paragraph 74). Are these requirements met in the instant case? With regard first of all to the question of good faith, the Court has no hesitation in subscribing to the observations of the domestic courts, which found that the detention regime in Oakington was designed to ensure the speedy resolution “of some 13,000 of the approximately 84,000 asylum applications made in the United Kingdom per year at that time. In order to achieve this objective it was necessary to schedule up to 150 interviews a day and even small delays might disrupt the entire programme. The