Key posts on detention

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Non-Europeans can be detained for longer, EU Court of Justice decides

An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and Others. The case originated in the Belgian courts. L ...

25th June 2021 By

The Glasgow immigration raid was arbitrary: as are all such raids

From the outside looking in, initial immigration enforcement decisions like that in Glasgow last week to detain a person often seem opportunistic and random rather than strategic. The result is that the ‘wrong’ people end up being detained. We kno ...

16th May 2021 By

Congolese man unlawfully detained for three and a half years

To a person in detention, particularly in prison, every day of freedom lost matters and the Defendant needs to be able to justify it. In this case I think that principle became lost to sight. So says the High Court in the case of Louis v Home Office [ ...

10th May 2021 By

Lack of Rule 35 process in prisons is unlawful, Court of Appeal finds

The judgment of the Court of Appeal in MR (Pakistan) v Secretary of State for Justice & Others [2021] EWCA Civ 541 marks a major step forward in the battle over the use of immigration detention in prisons. The court has decided that the absence of ...

19th April 2021 By

System for investigating deaths in immigration detention declared unlawful

In R (Lawal) v Secretary of State for the Home Department (death in detention, SoS’s duties) [2021] UKUT 114 (IAC), the Upper Tribunal has decided that the Home Office’s policies on the death of immigration detainees are contrary to its proced ...

15th April 2021 By

Human trafficking to be covered by the Adults at Risk policy

The Home Secretary has laid a new draft of the Adults at Risk statutory guidance before Parliament. The new version marks a significant change in how trafficking victims fit within the policy framework for detaining vulnerable people. At present, the ...

6th April 2021 By