There is no understanding of what the term "arbitrary" entails; understanding it requires awareness of the different factors affecting how individual deprivations of liberty are examined and understood.
FMR 44 Establishing arbitrariness
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Asylum seekers and refugees – men, women and even children – are increasingly detained and interned around the world, as are numbers of other migrants. Sometimes detained indefinitely and often in appalling conditions, they may suffer not only deprivation of their liberty but other abuses of their human rights too. Detention may appear to be a convenient solution to states’ political quest to manage migration (often as a precursor to deportation) but it is an expensive option and has lasting...
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