Key legal question
Whether a non-smoker held in removal custody may remain detained if separate accommodation from smokers cannot be ensured.
Extracted holding
If separation from smokers cannot be ensured in the removal detention facility, the non-smoker must, on request, be transferred to another detention facility or released.
Extracted reasoning
Detention conditions must allow the detainee's non-smoking status to be respected; if this cannot be guaranteed in the current facility, detention there is not permissible without an alternative transfer or release.