All Articles: Detention

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

Court of Appeal finds Home Office unlawfully detained child refugee

The case of Home Office v VS [2015] EWCA Civ 1142 discloses continued concerns about Home Office treatment of refugee children and sets clear guidelines on limits of power to detain children. The child was represented in the Court of Appeal by Stepha ...

6th November 2015 By

Dover Immigration Removal Centre to close

Dover Immigration Removal Centre has served as home to many of its inhabitants for months or even years. It has received damning reports due to its prison-like conditions and long periods of detention. On 15th October the Home Office finally announced ...

23rd October 2015 By

Home Office to compensate pregnant asylum seeker for unlawful detention

The Guardian is carrying a story that the Home Office has settled an unlawful detention claim by a pregnant asylum seeker detained at Yarl’s Wood and has said it will review its policy. The level of compensation is not disclosed. Detention polic ...

6th October 2015 By

Damning official reports on The Verne and Yarl’s Wood Immigration Removal Centres

Yesterday The Verne Immigration Removal Centre was criticised by Her Majesty’s Inspector of Prisons for its “prison-like” regime and high levels of violence and today HMIP described Yarl’s Wood as an issue “of natio ...

12th August 2015 By

Court of Appeal agrees that Detained Fast Track appeals are inherently unfair

In a judgment handed down this morning, the Court of Appeal has agreed with Nichol J’s earlier judgment in the High Court holding the Detained Fast Track appeal system to be inherently unfair. The new judgment is The Lord Chancellor v Detention ...

29th July 2015 By

Detained fast track asylum appeals system declared unlawful

The detained fast track appeals system was last Friday held to be unlawful in the High Court. The is available here: Detention Action v First-Tier Tribunal (Immigration and Asylum Chamber) & Ors [2015] EWHC 1689 (Admin). The Home Office will ap ...

12th June 2015 By

What is a “reasonable period” for immigration detention?

In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected within a reasonable time. The decision is also important for the analysis of case law concerning detention ...

10th April 2015 By

Court has no “superhero” jurisdiction says Home Office in unlawful detention case

In the case of Xue v Secretary of State for the Home Department [2015] EWHC 825 (Admin) the Home Office claimed that the court had no “superhero” jurisdiction and could not or should interfere with the right of the Secretary of State inde ...

2nd April 2015 By

Detained fast track as presently operated unlawful

In Detention Action v Secretary of State for the Home Department [2014] EWHC 2245, Ouseley J considered a challenge to the lawfulness of the policy and practice applied by the Secretary of State in the operation of the detained fast track and conclude ...

15th July 2014 By