All Articles: Detention

HM Chief Inspector of Prisons has published a report on an unannounced inspection of Harmondsworth immigration removal centre, a facility run by Mitie Care and Custody, concluding that “there is […]

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9th July 2024
BY Sonia Lenegan

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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, […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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26th February 2021
BY Larry Lock
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