All Articles: Detention

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

HMIP: Amnesty International website blocked for immigration detainees

The latest unannounced official HMIP report on Haslar immigration detention centre reveals that the centre staff had blocked the websites for Bail for Immigration Detainees (BID) and Amnesty International: Detainees had access to the internet, but so ...

9th July 2014 By

HM Inspector of Prisons report on Dover IRC and Rule 35

HM Chief Inspector of Prisons report on an unannounced inspection of Dover Immigration Removal Centre (IRC) between 3–14 March 2014 (published 7 July 2014) once again highlights critical concerns surrounding Rule 35 of the Detention Centre Rules 200 ...

8th July 2014 By

UNHCR announces asylum detention naughty step

UNHCR has identified a number of countries to work with initially to revisit detention practices and to strengthen alternatives to detention, including Hungary, Indonesia, Lithuania, Malaysia, Malta, Mexico, Thailand, UK and Zambia. Source ...

3rd July 2014 By

Lord Justice Moore-Bick in Francis v SSHD [2014] EWCA Civ 718

If the use of detention for warehousing persons liable to deportation or removal has become a serious problem, it is in part because of repeated failures by the Home Office to limit the exercise of powers given to it by Parliament to the purpose for w ...

3rd June 2014 By

Deaths in detention, Home Office legal duties and Rule 35

Alois Dvorzac died in handcuffs in immigration detention in 2013. He was 84 years old, suffered from Alzheimers and he had been handcuffed for five hours by the time he died. It was a miserable, ignominious end to what Channel 4 has shown us was a ric ...

31st March 2014 By

Removals process revealed to be a shambles

The Chief Inspector of Borders and Immigration has just published a damning report looking at the removals process at the Home Office. That the Home Office is not effective in conducting removals is hardly news to those of us who work in immigration l ...

26th March 2014 By

Channel 4 investigates life and tragic death of Alois Dvorzac

Which all leads us to the following devastating question: how did this life, so full of historical resonance, affection and adventure, end up extinguished, in handcuffs, in a British asylum detention centre? Great journalism but very upsetting piece. ...

18th March 2014 By

Excuses for opposing bail #1 (and #2)

We suggest that if the sureties were aware of x’s illegal status in the UK, they have been complicit in assisting him in defying UK immigration law, and are therefore unsuitable in ensuring he comply with the conditions of bail. Alternatively, i ...

18th March 2014 By

Disproportionate force and offensive language used in removals

A new official report on Monitoring Places of Detention by an independent governmental monitoring body raises serious concerns about the immigration enforcement process. The private security contractors responsible are criticised for disproportionate ...

14th March 2014 By

Syrian asylum seekers rejected, detained and removed in 2013

A Parliamentary written answer yesterday revealed that of the Syrians that managed to get to the UK to claim asylum in 2013, 24 were forcibly removed and a further 20 remain in immigration detention today. That seems to me truly shocking. It certainly ...

5th March 2014 By

Shocking new report on detention of women asylum seekers

A new report from Women For Refugee Women (‘WFRW’) sheds a sickening light on the conditions for women asylum seekers detained in Yarl’s Wood IRC. 70 per cent of the women they interviewed that were guarded by men said that the very pres ...

3rd February 2014 By

Incompetence, neglect and failure to show due diligence

In the week before Christmas, at a time when national procrastination levels are at an annual high, the Home Office has had another warning about the need to get on with things when people are locked up.  Hot on the heels of JS (Sudan) v SSHD [2013] ...

18th December 2013 By

“It’s not our problem now”

So, the other day I was doing a Bail for Immigration Detainees case out at Hatton Cross. These are seldom cheery affairs as it involves all of the misery of Hatton Cross and long term immigration detention but none of the financial recompense. It refl ...

15th December 2013 By

Detention unlawful when Secretary of State faffs around

One of the more pernicious aspects of the so-called automatic deportation provisions in the UK Borders Act 2007 is the provision in s.36 for detention while the Secretary of State considers whether an exception to that Act applies. That is to say you ...

9th December 2013 By

Immigration bail hearings: still a travesty

The Bail Observation Project has published its second report on immigration bail hearings in the First-tier Tribunal. The critical tenor of the report is revealed by its title: Still a Travesty: Justice in Immigration Bail Hearings. ...

28th October 2013 By

Spirited away

The harsh reality of immigration law enforcement is dramatically exposed by the facts of the case of R (on the application of Shaw & Anor) v Secretary of State for the Home Department [2013] EWHC 42 (Admin). In this case a Jamaican woman and her f ...

18th October 2013 By

Forced Migration Review: free detention themed edition

The latest issue of Forced Migration Review, Issue 44 on Detention, alternatives to detention and deportation, has been made available for free. It is a huge issue with a range of really interesting looking articles. As well as covering the headline t ...

24th September 2013 By

Are you hemmed in by a separation wall or security fence?

Are you fenced in? Is there a security wall that stops you getting from A to B? The Guardian is launching a major project to report on the growing number of walls and fences that authorities are using to keep people in – or out, whether they are a ...

17th September 2013 By

Immigration detention: what is the point?

The horrific news of sexual abuse by private security contractors at Yarlswood, the female-only immigration detention centre near Bedford, is awful and shocking. It is very far from the first time that problems or outright abuse at Yarlswood has been ...

16th September 2013 By

Mark Harper, Hansard 5 Sep 2013 Col 585

If we were to do what my hon. Friend suggested and have a blanket policy of not detaining [pregnant] women, first, having read many cases, I fear we would find quite a lot of people saying they were pregnant as another method of delaying their departu ...

6th September 2013 By

When You Don’t Exist

“There are now more than 45 million refugees and internally displaced people – the highest level in nearly 20 years.  Figures give only a glimpse of this enormous human tragedy. Every day, conflict tears apart the lives of thousands of fami ...

21st June 2013 By

Ahmadis and fast track asylum appeals

Many thanks to Eric Fripp of Lamb Building for the following note: On 8th May 2013 in the First Tier Tribunal (Immigration and Asylum Chamber) at York House, a panel consisting of First Tier Tribunal Judges Woodcraft and Samimi dealt with two cases (r ...

30th May 2013 By

Effect of detention on children

Immigration detention dehumanises not only the detainee but also every person who deals with it. It is a poison that infects us all. The professionals who deal with detainees and their families develop coping mechanisms. We convince ourselves that det ...

19th April 2013 By

Access to the internet at immigration detention centres

It looked for a while like banning this blog was all the rage. First there was some discussion on Twitter on which websites are banned within immigration detention centres, then the immigration tribunal presidents had a go as well. What are "proh ...

11th April 2013 By

The Outer Limit

The Court of Appeal recently gave judgment in the case of R (on the application of Muqtaar) v Secretary of State for the Home Department [2012] EWCA Civ 1270, a challenge by a Somali national to his detention under administrative immigration powers fo ...

30th October 2012 By

Bail for Immigration Detainees

As the opening post in a mini series over the next few weeks on detention issues and cases I thought it would be worthwhile to give a plug to the work of the small charity Bail for Immigration Detainees (BID). BID relies on pro bono work by barristers ...

29th October 2012 By