Key posts on detention

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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

Lack of legal advice for migrants in prison ruled “discriminatory”

The High Court in SM v Lord Chancellor [2021] EWHC 418 (Admin) has held that free legal advice must be made available to immigration detainees held in prisons, bringing access to lawyers into line with the legal advice scheme operating in immigration ...

26th February 2021 By

Home Office given 48 hours to release immigration detainee despite coronavirus

In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow the Home Office to use the pandemic as cover to justify long “grace period” delays in re ...

10th February 2021 By