This course teaches participants the basic principles of arguing an unlawful detention case in the immigration context. It looks at some key concepts and practicalities such as statutory detention powers, how to pursue a bail application, the different kinds of unlawful detention claim and tactical considerations as to evidence gathering and how to approach a case.
The course is aimed at solicitors, barristers, paralegals, and caseworkers, whether SRA, BSB or OISC regulated, of any level of pre or post qualification experience. It is only available to paying members of Free Movement. If you are not already a member, you can join here and access not just this course but all of our courses. Membership starts from £20 per month and you can cancel at any time.
You can check out the course contents below:
Module 1 | Overview and introduction |
Unit 1 | Introduction |
Unit 2 | Statutory detention powers |
Unit 3 | The reasons for detention: Home Office policies |
Unit 4 | Key documents |
Unit 5 | Detention reviews |
Module 2 | Types of challenges |
Unit 1 | Hardial Singh challenges - the law |
Unit 2 | "Policy" detention challenges |
Unit 3 | Challenges to the place of detention |
Module 3 | Practical steps in an unlawful detention judicial review |
Unit 1 | Tactics and evidence gathering |
Unit 2 | Disclosure |
Unit 3 | Practicalities of Hardial Singh challenges |
Unit 4 | Release and transfer of proceedings |
Module 4 | Release and bail |
Unit 1 | Immigration bail granted by the Secretary of State |
Unit 2 | Immigration bail granted by the First-tier Tribunal |
Unit 3 | Supporters and financial conditions |
Module 5 | Damages claims |
Unit 1 | General damages |
Unit 2 | Nominal damages |
Unit 3 | Aggravated and exemplary damages |
Unit 4 | Conclusion |
Unit 5 | Final quiz: unlawful detention |
Unit 6 | Feedback form |
The material was last updated on the date shown on the top right of this page. For developments since then, check Free Movement articles tagged “unlawful detention”.