All Articles: Detention

The limits of consent orders: agreement to consider something irrelevant has no effect

Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office must take account of orders made in previous judicial review proceedings when deciding to re-detain someone. The Co. ...

10th May 2018 By

New definition of torture among detention policy changes coming in July

The government has tabled a number of adjustments to the rules on detention, to come into force this summer. The most significant is the changed definition of "torture" in the context of the detention of vulnerable people. Government forced to c... Al ...

8th May 2018 By

New guidance for judges on granting immigration bail

Judge Clements, President of the First-tier Tribunal (IAC), yesterday released comprehensive new guidance on immigration bail for judges. The updated guidance naturally takes into account the significant changes brought about by the Immigration Act 2. ...

3rd May 2018 By

Risk of absconding is not a trump card in unlawful detention cases

Short and sweet is the best way to describe the High Court’s decision in BS v Secretary of State for the Home Department [2018] EWHC 454 (Admin). It comes as a useful reminder that whether detention is "reasonable" depends on all the circumstances ...

19th March 2018 By

Tortured migrants held at drug-ridden Harmondsworth dentention centre

The independent prison inspector has raised the alarm over the continued detention of migrants who the Home Office accepts have been tortured. A scathing inspection report also found “considerable failings” in safety and respect for detainees at ...

13th March 2018 By

Why making Muslim detainees pray next to toilets was discrimination

On 1 February 2018, the High Court decided that the Home Secretary had discriminated against two Muslim men as a result of conditions at Brook House Immigration Removal Centre. For the immediate reaction to this case, this news piece by the BBC is ... ...

20th February 2018 By

How immigration bail really works: scenes from Hatton Cross immigration tribunal

Free Movement deputy editor Conor James McKinney has been exploring the day-to-day workings of the immigration tribunals. Above is a discussion with Emily Dugan of BuzzFeed News, a journalist with a long-standing interest in immigration and asylum is. ...

13th February 2018 By

Immigration bail system failing mentally ill, Court of Appeal finds

Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the Court of Appeal in R (VC) v Secretary of State for the Home Department [2018] EWCA ... ...

12th February 2018 By

Supreme Court: Home Office could not impose bail on migrant who cannot lawfully be detained

The Supreme Court yesterday held in the case of B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 that the Home Office cannot impose bail conditions on a migrant who cannot be lawfully detained. Or, at least, the Home Office c... ...

9th February 2018 By

Guest post: new research shows the impact of deportation on mixed-immigration status families

New research shows that the immigration insecurity of one family member now affects whole families, including children and citizens who are not themselves subject to immigration control, writes Dr Melanie Griffiths of the University of Bristol. This. ...

12th January 2018 By

Home Office penalised for conduct of litigation in unlawful detention case

A month ago, Free Movement reported on the detention of Abdulrahman Mohammed. He was awarded the substantial sum of £78,500 by the High Court after being detained unlawfully by the Home Office. In a subsequent judgment, the same court has increase... ...

18th December 2017 By

Basic procedural fairness applies even when removal windows used

The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows and detention. In R (AT & Ors) v Secretary of State for the Home Depar. ...

13th December 2017 By

Immigration judges denounce detention system in Bar Council report

The numbers of people in immigration detention have increased in the last decade. The UK has one of the largest immigration detention systems in Europe. There is no time limit. So opens a Bar Council report on Injustice in Immigration Detention, pub. ...

30th November 2017 By

The Home Office is entitled to ignore a judge’s decision to grant bail

The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an immigration detainee. However, on the particular facts of the case, the decision to refuse consent to bail w ...

24th November 2017 By

Aggravated damages for “distressing and traumatic” detention

Last week Suraj Saptoka was awarded £24,515.43 by order of a Deputy High Court judge for false imprisonment in Sapkota v Secretary of State for the Home Department [2017] EWHC 2857 (Admin). Mr Saptoka had been unlawfully detained for 36 days after i ...

24th November 2017 By

Ministers still struggle with meaning of “indefinite” detention

Asked on 21 November about any link between people being kept in indefinite immigration detention and those same people using drugs, Home Office minister Brandon Lewis replied: We don't have indefinite detention, so... It was an assertion Lewis wen... ...

22nd November 2017 By

The Home Office continues to unlawfully impose curfews

Both R (Jollah) v Secretary of State for the Home Department (No. 2) [2017] EWHC 2821 (Admin) and R (Lupepe) v SSHD [2017] EWHC 2690 (Admin) were heard on 11, 12 and 13 October 2017 by Mr Justice Lewis. It makes sense to look at them together becau ...

22nd November 2017 By

Rule 35 torture reports kept from lawyers, government analysis suggests

The legal representatives of immigration detainees who claimed to have been tortured or who may otherwise be unsuitable for detention were not given copies of their medical records, internal Home Office analysis shows. This was contrary to the depart ...

16th November 2017 By

High Court: potential homelessness not a justification for detention

The High Court in R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) has found that in circumstances where a person would have no option but to stay on the streets after release from detention, the Home Office has a duty und ...

15th November 2017 By

Home Office pays damages to man detained to protect its own reputation

Abdulrahman Mohammed was last week awarded £78,500 by order of a High Court judge. The career criminal had been detained unlawfully under immigration powers on three occasions by the Home Office for a total period exceeding a year. Unusually, with b. ...

14th November 2017 By

Man in immigration detention for 45 months loses judicial review

Taskiran v Secretary of State for the Home Department [2017] EWHC 2679 (Admin) is a sad case. A web of domestic immigration law and international agreements have resulted in Mr Taskiran undergoing almost four years of immigration detention, which the ...

7th November 2017 By

Hostile environment backfiring on the Home Office, Chief Inspector finds

The hostile environment policy is making it more difficult for the Home Office to keep track of foreign national offenders and could even push up crime, the Independent Chief Inspector of Borders and Immigration has said. David Bolt's inspection of .. ...

2nd November 2017 By

High Court defeat for Home Office over torture policy

The Home Office has lost a judicial review over its controversial change to the definition of torture in a claim brought by unlawfully detained torture victims. The judgment is in the case of Medical Justice & Ors v Secretary of State for the Hom ...

10th October 2017 By

BBC Panorama exposes the culture of abuse in immigration detention

Panorama, Undercover: Britain’s Immigration Secrets is required viewing for anyone interested in immigration in the UK. It is also deeply uncomfortable viewing. It documents an undercover investigation into Brook House, one of the UK’s 13 Immigrat ...

6th September 2017 By

£48,000 damages awarded to torture survivor for injuries suffered during deportation attempt

Following a seven-day hearing in the High Court, Mr Felix Wamala, a Ugandan national, was awarded £48,000 in damages for the actions of private security guards contracted by the Home Office in seeking to remove him from the UK. This is the case of W ...

17th July 2017 By

Independent Monitoring Board release critical report on charter flight removals

The Independent Monitoring Board (IMB) has published its annual review of the treatment of returnees during charter flights. It reported four headline concerns: firstly, that force and restraint had been used without due checks and for too long... Alr ...

10th July 2017 By

European Court of Human Rights finds vulnerable Zimbabwean national unlawfully detained by Home Office

In a recent decision from Strasbourg, the European Court of Human Rights has found the UK Home Office unlawfully detained a Zimbabwean national. The Court found that the UK authorities had failed to act with sufficient “due diligence” in progressi ...

3rd July 2017 By

Zimbabwean national unlawfully detained after Home Office fails to serve immigration decision

Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK be ...

7th June 2017 By

Indefinite detention does not breach ECHR says European Court of Human Rights

Arben Draga v United Kingdom (Application no. 33341/13) Unlike most other European countries, there is no time limit on immigration detention in the UK. In addition, the law does not provide for an automatic judicial review of the lawfulness of det ...

30th May 2017 By

Another successful unlawful detention claim

R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a fur. ...

9th May 2017 By
1 2 3 4