All Articles: Detention

Supreme Court: detention is unlawful if based on unlawful deportation order

The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department [2020] UKSC 7 that the detention of a Rwandan man facing deportation was unlawful because the deportation order on which detention was based was itself ...

26th February 2020 By

Don’t clog up the Admin Court with damages claims, warns Court of Appeal

The Court of Appeal in ZA (Pakistan) v Secretary of State for the Home Department [2020] EWCA Civ 146 has made a plea to lawyers to transfer their wrongful detention claims to the Queen’s Bench Division or County Court once the detention issue h ...

17th February 2020 By

Terrorism suspects are still entitled to immigration bail

In O3 v Secretary of State for the Home Department [2019] SN/147/2018, the Special Immigration Appeals Commission has confirmed that, just like regular immigration detainees, those facing deportation on national security grounds are entitled to a pres ...

14th February 2020 By

Unlawful “curfew” amounted to false imprisonment at common law, Supreme Court confirms

In a pointed reminder, perhaps, to those in government threatening to “update” the Human Rights Act, Lady Hale began her Supreme Court judgment in the case of R (Jalloh) v SSHD [2020] UKSC 4 thus: The right to physical liberty was highly p ...

12th February 2020 By

Home Office can detain migrants for up to five weeks after law requires that they be released

The Court of Appeal has given judgment in R (AC (Algeria)) v SSHD [2020] EWCA Civ 36. The case is about “grace periods” in unlawful detention claims.  A grace period, as described by Lord Justice Irwin in his judgment, is that period of time allo ...

28th January 2020 By

“Nothing inherently wrong” with healthcare system for vulnerable detainees in prison

The High Court has refused to extend key safeguards under the Adults at Risk policy to immigration detainees held in prisons. In MR (Pakistan) & Anor v Secretary of State for Justice & Ors [2019] EWHC 3567 (Admin), Mr Justice Supperstone decid ...

8th January 2020 By

Home Office fails to disclose file note vital to unlawful detention case

Article 2(n) of the Dublin III regulation provides: Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. When there is a significant risk of absconding, Membe ...

5th December 2019 By

Supreme Court finds detention of asylum seekers unlawful

The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of asylum seekers for their removal to other EU states under the Dublin Regulation was unlawful between 1 January 201 ...

27th November 2019 By

Detainees with indefinite leave to remain not entitled to Home Office accommodation

An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or asylum support provided by the Home Office. R (AT (Guinea))) v Secretary of State for the Home Departmen ...

31st October 2019 By

High Court upholds failing system of suicide reports in detention centres

The High Court has decided that rule 35(2) of the Detention Centre Rules is not unlawful, despite acknowledging the overwhelming evidence that it has failed to protect the welfare of detainees who are at risk of suicide. In R (IS (Bangladesh)) v Secre ...

18th October 2019 By

How to apply for immigration bail directly to the Home Office

People in immigration detention can make an application for Secretary of State bail directly to the Home Office. The Home Office has the same powers as the immigration tribunal to grant bail and manage its conditions. Is it worth applying? An applicat ...

2nd September 2019 By

Court of Appeal demands individual proportionality assessments for EU citizens detained pending deportation

The Home Office cannot detain an EU citizen pending deportation without first considering whether detention is “proportionate and necessary” under EU law, the Court of Appeal has said in R (Lauzikas) v Secretary of State for the Home Depar ...

15th July 2019 By

Tribunal says no to return of fast track asylum appeals

Tribunal bosses have put their foot down on fast track asylum appeals, refusing the government’s push for an accelerated process for appellants in immigration detention. The Tribunal Procedure Committee said that it would not be re-introducing a ...

12th June 2019 By

Is it lawful to put immigration detainees in solitary confinement?

This article is about the High Court and Court of Appeal decisions in the leading (and so far only) case on segregation in immigration detention. They are R (Muasa) v Secretary of State for the Home Department [2017] EWHC 2267 (Admin) and R (TM (Kenya ...

8th May 2019 By

European Court of Human Rights awards substantive damages for breach of detention policy

The European Court of Human Rights has developed Article 5 ECHR beyond domestic law and potentially created a dramatic increase in the amount of damages payable for unlawful detention caused by a breach of detention policy. VM v United Kingdom (No. 2) ...

1st May 2019 By

How to apply for bail accommodation: latest from the Home Office

The Home Office has updated its policy on the requirements for accommodation and support to enable people to meet the conditions of their immigration bail. The policy applies whether that bail is granted by the Home Office or by the tribunal. While a ...

29th April 2019 By

Comment: report condemning immigration detention shows why this barbaric process must be abolished

The Home Affairs Select Committee inquiry into immigration detention has released its report which strongly censures “every part of the immigration detention system”. The inquiry was initially triggered in response to the BBC’s ‘Panora ...

25th March 2019 By

Dublin III detention regulations comply with EU law

The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU law. Background: detaining migrants before return to another EU country The International Protection (Dete ...

7th March 2019 By

Only standard damages for unlawfully detained rough sleepers

In R (Majewski) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) the High Court has concluded that EU citizens who were unlawfully detained solely because they were homeless should be paid damages at the normal rate. In the importa ...

5th March 2019 By

High Court finds that bail accommodation system is broken, declines to intervene

R (AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin) is about how long the Home Office is allowed to delay providing accommodation following the grant of bail in principle by the First-tier Tribunal. Unfortunately, the ...

15th February 2019 By

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