All Articles: Detention

The Home Office has published statistics for the period January to March 2024 showing a marked drop in the grant rate for asylum cases, tens of thousands of EU Settlement Scheme applications rejected as invalid, and a fee waiver backlog that seems to be rapidly spiralling out of control. My...

23rd May 2024
BY Sonia Lenegan

The High Court has determined that the Home Secretary’s use of electronic monitoring was unlawful in respect of four claimants and the principles applied in the case will have a wider impact. The court also found that the Home Secretary can lawfully use data collected through electronic monitoring to decide...

21st May 2024
BY Sonia Lenegan

Following a legal challenge, the small group of Sri Lankan people seeking asylum in Diego Garcia have been granted bail so that they are able to access more of the island beyond the tiny encampment they were kept in previously. We have previously published a post providing the historical context...

14th May 2024
BY Guy Atoun

The Home Office is proposing to change the Adults at Risk guidance in a way that will result in more vulnerable people being detained. On 30 April 2024 draft statutory Adults at Risk guidance was published and the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024 will bring the...

7th May 2024
BY Sonia Lenegan

On 11 March 2024, the President and Vice-President of the Upper Tribunal (Immigration and Asylum Chamber) handed down their decision in R (Mark Nelson) v Secretary of State for the Home Department (JR-2023-001472), the first challenge to the Home Secretary’s policy of requiring people on immigration bail to be monitored...

20th March 2024
BY Katie Schwarzmann

In the case of R (On the Application Of Medical Justice) v Secretary of State for the Home Department [2024] EWHC 38 (Admin), handed down on 12 January 2024, the High Court allowed a judicial review brought by the charity Medical Justice to a Home Office policy of seeking a...

19th January 2024
BY Jed Pennington

In Oluponle v Home Office [2023] EWHC 3188 (KB), the claimant was awarded £20,000 for 60 days’ false imprisonment. Several helpful comments were made on various Home Office failings during the detention process. Background The claimant was a Nigerian national who had been caught trying to fly to Ireland using...

4th January 2024
BY Alex Schymyck

The High Court has issued a damning interim relief decision with a laundry list of Home Office failures in a case challenging the detention of a potential victim of trafficking with mental health issues and several criminal convictions. The case is R (ER) v Secretary of State for the Home...

21st December 2023
BY Sonia Lenegan

The Independent Monitoring Boards have published their National Annual Report for 2022 on the immigration detention estate and concerns have been raised in relation to several areas, many of which will be familiar to anyone working in this area. People are still being detained for too long, including one person...

19th December 2023
BY Sonia Lenegan

This article provides an overview of some of the safeguards available for those who are held in immigration detention, focussing particularly on those who have been victims of torture. These safeguards are all the more important following the expansion of detention powers under section 12 of the Illegal Migration Act....

18th December 2023
BY Beth Mullan-Feroze

Here, we look at the practicalities involved in getting a good medico-legal report. We have previously explained what a medico-legal report is and that article should be read alongside this one. These reports can be a game changer in cases involving vulnerable clients, but in the current climate it is...

24th October 2023
BY Beth Mullan-Feroze

Staff working at Brook House immigration removal centre were verbally and physically abusive towards the people who were detained, including the use of extremely racist language. There were 19 incidents of inhuman and degrading treatment of people at a single removal centre over a period of just five months. That...

20th September 2023
BY Sonia Lenegan

A Scottish Fatal Accident Inquiry has held that a number of defects in the system of working in Dungavel Immigration Removal Centre led to the death of a 54-year old Chinese man which could have reasonably been avoided. A Fatal Accident Inquiry, similar to an inquest in England, is an...

15th June 2023
BY Bilaal Shabbir

In January this year, the Home Office updated its guidance on reporting conditions, again. Version 6 was published on 19 January 2023, replacing version 5 which was in place for less than six months, from 30 June 2022. Version 5 Version 5 was very much a welcome development in terms...

23rd May 2023
BY Brian Dikoff

As the House of Common’s second reading of the Illegal Migration Bill takes place today, this post looks at the detention provisions in clauses 11-14 and what they mean for individuals arriving in the UK. You can read Colin’s analysis of the Bill in full, here. Page contentsThe current legal...

13th March 2023
BY Jed Pennington

This post provides an update on legal challenges to the Home Office’s policy and practice of requiring people on immigration bail to wear Global Positioning System (GPS) devices. You can read more about the policy and the legal framework here and here. To summarise, in August 2021 the Home Office...

10th March 2023
BY Jed Pennington

Yesterday, the third annual inspection from the Independent Chief Inspector of Borders and Immigration (ICIBI) of ‘Adults at risk in immigration detention’ was published. On the same day, the Home Secretary discontinued the standing commission for this annual review. The report focuses specifically on the efficiency and effectiveness of Rule...

13th January 2023
BY Josie Laidman

A new report has been published this morning by HM Chief Inspector of Prisons on the controversial short term holding facility for refugees at Manston in Kent. The inspection took place in late July 2022, before the current Home Secretary, Suella Braverman, is reported to have prevented hotel bookings that...

1st November 2022
BY Colin Yeo

The electronic monitoring of foreign national offenders is riddled with flaws which can be traced back to Home Office underfunding and inefficiency, an independent report has found. The Chief Inspector of Borders and Immigration, David Neal, says the system for electronic tagging and GPS tracking of FNOs “cannot yet demonstrate...

14th July 2022
BY Charlotte Rubin

In R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin), the High Court has ordered the Home Office to pay a detainee £17,500 for 40 days of unlawful detention caused by unreasonable delay in providing a release address. The figure is high for the length...

12th July 2022
BY Alex Schymyck

In R (BVN) v Secretary of State for the Home Department [2022] EWHC 1159 (Admin) the High Court has confirmed that the Secretary of State has no power to interfere with the conditions attached to a grant of High Court bail. It is an unusual issue and the judgment contains...

23rd May 2022
BY Alex Schymyck

A damning report on healthcare and safeguarding in detention has concluded that the existing protocols for vulnerable detainees are “totally and utterly flawed”.  The Medical Justice report Harmed not Heard focuses on the inadequacy of the Rule 35 safeguarding process, designed to identify vulnerable detainees for release. The research comes...

4th May 2022
BY Larry Lock

From April 2022 the Home Office has moved to using telephone reporting as a mainstream reporting alternative. This follows on from changes implemented on an emergency basis during the pandemic lockdown and sustained lobbying by migrants rights groups. People who are given a telephone appointment slot will be notified of this...

3rd May 2022
BY Brian Dikoff and Jennifer Blair

Ali v The Home Office [2022] EWHC 866 (QB) is a successful appeal against the Central London County Court’s decision to dismiss the false imprisonment claim of a recognised Afghan refugee, detained for 98 days under the Detained Fast Track process in 2015. Larry has previously covered the County Court decision, which...

21st April 2022
BY Samina Iqbal

Last August, the provisions in Schedule 10 of the Immigration Act 2016 providing for foreign national offenders liable to deportation to be subject to mandatory tagging as a condition of immigration bail were commenced. This provision was designed to implement the 2015 Conservative party manifesto commitment to “introduce satellite tracking...

21st February 2022
BY Jed Pennington

On 7 February 2022 the Home Office updated Detention Services Order 02/2019 on Care and management of Post Detention Age claims. This policy sets out the approach to age dispute cases in immigration detention and applies to Home Office staff and its contractors. The last version of the policy (dated...

15th February 2022
BY Jed Pennington

The High Court has thrown out a challenge arguing that the free legal advice given to migrants in detention centres is rubbish. Mr Justice Calver held that statistical evidence that many legal aid firms provide a poor service was unreliable and that “the system is, by and large, functioning well”....

18th January 2022
BY CJ McKinney

In Kaitey v Secretary of State for the Home Department [2021] EWCA Civ 1875 the Court of Appeal has upheld the High Court’s decision that the power to set immigration bail exists even when a person cannot be lawfully detained. As Alex commented at the time of the High Court...

14th December 2021
BY Jed Pennington

In R (Babbage) v Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the High Court found that a person with an extensive offending and adverse immigration history who posed high risks of re-offending and absconding was unlawfully detained because of the poor prospects of enforcing his removal...

18th November 2021
BY Jed Pennington

On 21 October 2021 the Home Office published the Independent Chief Inspector of Borders and Immigration’s (ICIBI) second annual inspection of the Adults at Risk policy, alongside its response. The report itself is an impressive piece of work and provides comprehensive information about the current state of immigration detention and...

28th October 2021
BY Jed Pennington

The Supreme Court has this morning handed down judgment in R (Majera) (formerly SM Rwanda) v Secretary of State for the Home Department [2021] UKSC 46. The appeal, as Lord Reed states in his opening sentence, raised a “question of constitutional importance”. That question was whether the government (or anyone...

20th October 2021
BY Gordon Lee

The Home Office has been found in breach of its legal duty to protect HIV patients in its custody after officials left a Congolese man without his daily medication for several days. In what Mr Justice Bourne described as an “unedifying” spectacle, senior civil servants were unable to tell the...

2nd August 2021
BY CJ McKinney

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. Legislation in Belgium designed to facilitate the removal of unauthorised non-EU nationals,...

25th June 2021
BY Bilaal Shabbir

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 know this because of the high number of vulnerable people being...

16th May 2021
BY Colin Yeo

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 [2021] EWHC...

10th May 2021
BY Larry Lock

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 a Rule 35 procedure...

19th April 2021
BY Alex Schymyck

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 procedural obligations under Article 2 of the European Convention on...

15th April 2021
BY Bilaal Shabbir

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 Home Office has a policy of releasing people from immigration...

6th April 2021
BY Alex Schymyck

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 removal centres (“IRCs”). In a significant loss for...

26th February 2021
BY Larry Lock

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 releasing detainees. The case is R (Habeb) v Secretary...

10th February 2021
BY Alex Schymyck
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