High Court throws spanner in the works of automatic detention policy

The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the detention of European nationals pending deportation. The key finding is that the standards set out in the ...

21st May 2018 By

The limits of consent orders: agreement to consider something irrelevant has no effect

Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office must take account of orders made in previous judicial review proceedings when deciding to re-detain someone. The Cou ...

10th May 2018 By

New definition of torture among detention policy changes coming in July

The government has tabled a number of adjustments to the rules on detention, to come into force this summer. The most significant is the changed definition of “torture” in the context of the detention of vulnerable people. Government force ...

8th May 2018 By

New guidance for judges on granting immigration bail

Judge Clements, President of the First-tier Tribunal (IAC), yesterday released comprehensive new guidance on immigration bail for judges. The updated guidance naturally takes into account the significant changes brought about by the Immigration Act 20 ...

3rd May 2018 By

Risk of absconding is not a trump card in unlawful detention cases

Short and sweet is the best way to describe the High Court’s decision in BS v Secretary of State for the Home Department [2018] EWHC 454 (Admin). It comes as a useful reminder that whether detention is “reasonable” depends on all the c ...

19th March 2018 By

Tortured migrants held at drug-ridden Harmondsworth dentention centre

The independent prison inspector has raised the alarm over the continued detention of migrants who the Home Office accepts have been tortured. A scathing inspection report also found “considerable failings” in safety and respect for detainees at ...

13th March 2018 By

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