Terrorism suspects are still entitled to immigration bail

In O3 v Secretary of State for the Home Department [2019] SN/147/2018, the Special Immigration Appeals Commission has confirmed that, just like regular immigration detainees, those facing deportation on national security grounds are entitled to a pres ...

14th February 2020 By

Unlawful “curfew” amounted to false imprisonment at common law, Supreme Court confirms

In a pointed reminder, perhaps, to those in government threatening to “update” the Human Rights Act, Lady Hale began her Supreme Court judgment in the case of R (Jalloh) v SSHD [2020] UKSC 4 thus: The right to physical liberty was highly p ...

12th February 2020 By

Home Office can detain migrants for up to five weeks after law requires that they be released

The Court of Appeal has given judgment in R (AC (Algeria)) v SSHD [2020] EWCA Civ 36. The case is about “grace periods” in unlawful detention claims.  A grace period, as described by Lord Justice Irwin in his judgment, is that period of time allo ...

28th January 2020 By

“Nothing inherently wrong” with healthcare system for vulnerable detainees in prison

The High Court has refused to extend key safeguards under the Adults at Risk policy to immigration detainees held in prisons. In MR (Pakistan) & Anor v Secretary of State for Justice & Ors [2019] EWHC 3567 (Admin), Mr Justice Supperstone decid ...

8th January 2020 By

Home Office fails to disclose file note vital to unlawful detention case

Article 2(n) of the Dublin III regulation provides: Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. When there is a significant risk of absconding, Membe ...

5th December 2019 By

Supreme Court finds detention of asylum seekers unlawful

The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of asylum seekers for their removal to other EU states under the Dublin Regulation was unlawful between 1 January 201 ...

27th November 2019 By