All Articles: Detention

Court of Appeal backs judge who ordered asylum seeker brought back to the UK

The Court of Appeal has rejected an attempt by the Home Office to overturn a High Court order to bring an asylum seeker who had been removed under the unlawful Detained Fast Track system back to the UK. The case is R (PN (Uganda)) v Secretary of State ...

29th September 2020 By

Bail accommodation system ruled “systemically unfair”

The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January 2018, tens of thousands of people have struggled against the harsh new system, which has ke ...

1st September 2020 By

Challenge to Brook House detention conditions rebuffed by High Court

The High Court has refused a challenge to the conditions at Brook House Immigration Removal Centre in 2017 on all grounds. This is despite the Home Office having made a number of changes to the regime provided by G4S since then in response to criticis ...

25th August 2020 By

What is the Adults at Risk policy?

After the Hardial Singh principles, the Adults at Risk policy is the most important source of law for securing the release of people from immigration detention. It provides a detailed framework for assessing the vulnerability of detainees and balancin ...

5th August 2020 By

Rule 35 isn’t working – and there’s data to prove it

Data about the operation of Rule 35 of the Detention Centre Rules brought into the public domain by a Freedom of Information request lays bare the inadequacies of the current system for reporting vulnerabilities among immigration detainees. The data, ...

21st July 2020 By

Immigration bail legislation means what it says, High Court confirms

In Kaitey v Secretary of State for the Home Department [2020] EWHC 1861 (Admin), the High Court has confirmed that the power to set immigration bail conditions exists even when a person cannot be lawfully detained in compliance with the Hardial Singh ...

16th July 2020 By

What are the Hardial Singh principles?

This post explains the Hardial Singh principles, which are the most important limitation on the Home Office’s immigration detention powers. The Hardial Singh principles take their name from the case of R (Singh) v Governor of Durham Prison [1983] E ...

9th July 2020 By

Judge intervenes to end Home Office dithering over bail accommodation

In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One week and two extension of time requests later, the Home Office has now complied with that order. Mr Merca, detai ...

23rd June 2020 By

Detainees lose appeal challenge to £1 an hour wage despite extension of time

The Court of Appeal has rejected a challenge to the £1 an hour rate of pay for detainees who undertake work in immigration removal centres. In R (Badmus) v Secretary of State for the Home Department [2020] EWCA Civ 657 the court maintained the decisi ...

28th May 2020 By

Removal to Afghanistan “most unlikely” in the next six months, says High Court

A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking release during the COVID-19 crisis. The short judgment in (R) Khan v SSHD CO/1366/2020 provides ...

26th May 2020 By

Home Office tries to lean on judges deciding immigration bail cases

The Home Office tried to put pressure on judges to stop releasing migrants from immigration detention, it has emerged. An official letter from the department to a top immigration judge said that the Home Office was “somewhat surprised” tha ...

6th May 2020 By

Chief Inspector blasts Home Office operation of Adults at Risk policy

David Bolt, the Independent Chief Inspector of Borders and Immigration, has published his first report into the operation of the Adults at Risk policy. It makes fascinating reading for anyone involved in helping vulnerable adults secure release from d ...

30th April 2020 By

Mixed messages on delays during detention from the High Court

R (SB (Ghana)) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) is a successful unlawful detention claim in which the High Court was prepared to find a breach of the Hardial Singh principles notwithstanding the claimant ...

31st March 2020 By

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
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