All Articles: Detention

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; secon ...

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 furt ...

9th May 2017 By

Home Office cannot unilaterally modify tribunal bail conditions (updated)

The as yet unreported case of R (on the application of Majera) v Secetary of State for the Home Department [2017] UKUT 163 (IAC) is a thoughtful judgment from the Upper Tribunal gives helpful guidance on the legal status of a First Tier Tribunal ba ...

24th April 2017 By

Detention of Dublin asylum seekers held to be unlawful

Al Chodor and Others (C-528/15) In a highly significant judgment the CJEU has shown, in effect, that the Home Office has unlawfully detained hundreds or even thousands of individuals seeking international protection. The background facts The Al C ...

23rd March 2017 By

Serious safety concerns raised in report on Morton Hall IRC

There is supposed to be a fundamental difference between custodial incarceration and immigration detention. The former is reserved for those who have committed crimes: its purpose is punitive, to protect the public and to rehabilitate offenders. The l ...

22nd March 2017 By

Rules under which over 10,000 fast track asylum appeals decided declared unlawful

The High Court has ruled in the case of R (On the Applications Of TN (Vietnam) & US (Pakistan)) v Secretary of State for the Home Department & Anor [2017] EWHC 59 (Admin) that over 10,000 asylum appeals had been decided under procedure rules ...

23rd January 2017 By

Blocking detainees’ access to legal advice websites probably breaches Article 10 ECHR

Free Movement has reported twice on immigration removal centres (IRCs) blocking access to websites informing detainees of their legal rights. HM Chief Inspector of Prisons criticised Haslar IRC two years ago for having the websites of Bail for Immigr ...

13th December 2016 By

Latest on legal challenge to detained asylum cases

Very useful update from my colleague Shu Shin Luh: R (Hossain and Ors) v Secretary of State for the Home Department [2016] EWHC 1331 (Admin) Mr Justice Cranston this week handed down judgment in Hossain & others v SSHD, the test case (with four r ...

10th June 2016 By

Home Office unlawfully imposes curfew on migrant

Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the Home Office took it into their own hands to impose curfew restrictions over and above bail conditions those imposed by the ...

6th June 2016 By

High Court strikes down unfair decision in DFT of vulnerable victim of torture

In the first judgment of its kind since the suspension of the Detained Fast Track on 2 July 2015, the High Court struck down the Home Secretary’s refusal and certification of an asylum claim which was made in the structurally unfair and unjust Detai ...

25th May 2016 By

Independent Monitoring Board slams Heathrow Immigration Removal Centres

What were Harmondsworth and Colnbrook Detention Centres have been brought under the same management, and are now called Heathrow Immigration Removal Centres. Nonetheless, as the Independent Monitoring Board’s report shows, detention centres by anoth ...

23rd May 2016 By

Immigration detainees banned from Twitter and Facebook

A new Detention Services Order 04/2016 about internet access for detainees has just been published. This is the first time the Home Office has set central guidelines on internet access for immigration detainees. The Order makes clear that al ...

17th May 2016 By

New Home Office instruction on risk assessment for immigration detainees

A new Detention Services Order, DSO 03/2016, has been issued by the Home Office. The name is innocuous — Considering detainee placement — but we can hope that it will have a significant impact because what it really requires is a proper ri ...

9th May 2016 By

Algerian detained over seven years awarded £3,750 in his latest claim

The High Court has awarded damages of just £3,750 to an Algerian man for a period of five months of unlawful detention. This was just the latest period of immigration detention for Mr Sino, though, who has been detained for a cumulative total of seve ...

4th May 2016 By

The Supreme Court’s decision in Nouazli v SSHD and Lawful Discrimination

As if Michael Gove MP needed further reminding, in wake of Colin Yeo’s appearance on World at One on Wednesday where he pointed out the fundamental error of the Justice Secretary’s assertion that Britain cannot deport EEA nationals with a criminal ...

25th April 2016 By

Family member of EU national awarded £136,000 damages against Home Office

A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inac ...

30th March 2016 By

Tribunal retains jurisdiction to vary bail conditions unless bail is finite

UPDATE: overturned by the Court of Appeal in R (On the Application Of Raza) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA Civ 807. R (on the application of Raza) v Secretary of State for the Home Department (Bail – con ...

14th March 2016 By

Detention of Somali criminal for political reasons ruled unlawful

The High Court has in the case of R (On the Application Of Mohammed) v Secretary of State for the Home Department [2016] EWHC 447 (Admin) ordered the release of a Somali national with a number of very serious convictions on the basis that there was no ...

9th March 2016 By

Inspectors: Refugees held in “wholly unacceptable” conditions in freight shed

An unannounced inspection of short term detention facilities for refugees and migrants crossing the Channel into the UK has revealed that hundreds, including many children, have been held in “wholly unacceptable” and insanitary conditions ...

8th March 2016 By

Inspectors reveal desolate, appalling conditions at Harmondsworth detention camp

The new HM Chief Inspector of Prisons is not holding his punches. Peter Clarke’s first report is on the Harmondsworth detention camp used for short and long term detention of migrants near Heathrow airport. In an unannounced inspection his team ...

1st March 2016 By

Babbage: Court orders release of Zimbabwean foreign criminal, criticises Government lawyers

In the case of R (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 (Admin) Mr Justice Garnham ordered the release of a detained Zimbabwean foreign criminal. In the process, he was corruscating critical of t ...

3rd February 2016 By

Shaw Review into the welfare in detention of vulnerable persons published: summary

The review by Stephen Shaw into the welfare in immigration detention of vulnerable persons has been published today. The Government has responded stating that it “accepts the broad thrust of his recommendations” and that the Home Office ...

14th January 2016 By

Is it lawful to detain immigration detainees in prisons?

The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On the Application Of Idira) v The Secretary of State for the Home Department [2015] EWCA Civ 1 ...

24th November 2015 By