Dublin III detention regulations comply with EU law
7 March 2019
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The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU
The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU
In R (Majewski) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) the High Court has concluded that EU citizens who were
R (AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin) is about how long the Home Office is allowed to
The High Court has allowed a Home Office appeal arguing that it is not necessarily unlawful to put British citizens in immigration detention. The judgment
The High Court has ruled that a claimant is entitled to extra unlawful detention damages for frustration and anxiety where the Home Office fails to provide
New figures from the Home Office reveal that asylum seekers are being held in detention centres for five times longer than the government’s own recommendation
R (Lucas) v Secretary of State for the Home Department [2018] EWCA Civ 2541 is about re-detention following the grant of immigration bail by the
Protests have been held outside Campsfield House immigration removal centre on the last Saturday of the month for the last 20 years. The detention centre’s
This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and
Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled. This opening sentence from
Today the government published a follow-up report by Stephen Shaw on its progress in implementing his 2016 recommendations on detaining vulnerable people. The Home Secretary, Sajid
Homeless migrants are being kept in detention centres indefinitely because the Home Office is no longer finding them a place to live after release. The department’s
In R (Gedi) v Secretary of State for the Home Department [2016] EWCA Civ 409 the Court of Appeal reversed a High Court decision that the words “restriction
Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to
R (Aboro) v Secretary of State for the Home Department [2018] EWHC 1436 (Admin) is an unlawful detention claim about how conflicting psychiatric evidence should
R (Eroje) v Secretary of State for the Home Department [2018] EWHC 1010 (Admin) is a shocking story of Home Office incompetence which led to
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
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
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
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
Significant changes to immigration detention powers and a new status called “immigration bail” came into force on 15 January 2018. The Immigration Act 2016 (Commencement No.
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
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
On 1 February 2018, the High Court decided that the Home Secretary had discriminated against two Muslim men as a result of conditions at Brook
Free Movement deputy editor Conor James McKinney has been exploring the day-to-day workings of the immigration tribunals. Above is a discussion with Emily Dugan of
Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the
The Supreme Court yesterday held in the case of B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 that the Home Office
New research shows that the immigration insecurity of one family member now affects whole families, including children and citizens who are not themselves subject to
A month ago, Free Movement reported on the detention of Abdulrahman Mohammed. He was awarded the substantial sum of £78,500 by the High Court after
The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the
The numbers of people in immigration detention have increased in the last decade. The UK has one of the largest immigration detention systems in Europe.
The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an
Last week Suraj Saptoka was awarded £24,515.43 by order of a Deputy High Court judge for false imprisonment in Sapkota v Secretary of State for
Asked on 21 November about any link between people being kept in indefinite immigration detention and those same people using drugs, Home Office minister Brandon
Both R (Jollah) v Secretary of State for the Home Department (No. 2) [2017] EWHC 2821 (Admin) and R (Lupepe) v SSHD [2017] EWHC 2690 (Admin) were heard
The legal representatives of immigration detainees who claimed to have been tortured or who may otherwise be unsuitable for detention were not given copies of
The High Court in R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) has found that in circumstances where a person
Abdulrahman Mohammed was last week awarded £78,500 by order of a High Court judge. The career criminal had been detained unlawfully under immigration powers on
Taskiran v Secretary of State for the Home Department [2017] EWHC 2679 (Admin) is a sad case. A web of domestic immigration law and international agreements
The hostile environment policy is making it more difficult for the Home Office to keep track of foreign national offenders and could even push up
The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU law. Background: detaining migrants before return to another EU country The International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017 (SI 2017 No. 405)...
In R (Majewski) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) the High Court has concluded that EU citizens who were unlawfully detained solely because they were homeless should be paid damages at the normal rate. In the important Gureckis judgment of December 2017, the High Court had ruled that...
R (AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin) is about how long the Home Office is allowed to delay providing accommodation following the grant of bail in principle by the First-tier Tribunal. Unfortunately, the answer given by the High Court is at least...
The High Court has allowed a Home Office appeal arguing that it is not necessarily unlawful to put British citizens in immigration detention. The judgment in Home Office v TR & Anor [2019] EWHC 49 (QB) concerned an eight-month-old baby detained with his mother for almost a fortnight despite lawyers...
The High Court has ruled that a claimant is entitled to extra unlawful detention damages for frustration and anxiety where the Home Office fails to provide a release address. The guidance on this issue provided by R (Diop) v Secretary of State for the Home Department [2018] EWHC 3420 (Admin)...
New figures from the Home Office reveal that asylum seekers are being held in detention centres for five times longer than the government’s own recommendation when the system was introduced. The data, obtained from a Freedom of Information request, shows that the average asylum applicant under Detained Asylum Casework is...
R (Lucas) v Secretary of State for the Home Department [2018] EWCA Civ 2541 is about re-detention following the grant of immigration bail by the First-tier Tribunal under the now repealed provisions of the Immigration Act 1971. The Court of Appeal ruled that tribunal bail finishes once the person has...
Protests have been held outside Campsfield House immigration removal centre on the last Saturday of the month for the last 20 years. The detention centre’s reputation has been scarred by escapes, riots and hunger strikes ever since it opened north of Oxford in 1993, although in recent years barbarities elsewhere...
This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and trafficking should be treated. In R (SW) v Secretary of State for the Home Department [2018] EWHC 2684 (Admin), the High Court has ruled that...
Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled. This opening sentence from a Guardian article the other day refers to the case of R (Hemmati & Ors) v Secretary of State for the Home Department [2018] EWCA...
Today the government published a follow-up report by Stephen Shaw on its progress in implementing his 2016 recommendations on detaining vulnerable people. The Home Secretary, Sajid Javid, also announced a series of reforms including a pilot of mandatory bail hearings after two months. The original Shaw Review, back in 2016, had...
Homeless migrants are being kept in detention centres indefinitely because the Home Office is no longer finding them a place to live after release. The department’s refusal or inability to provide accommodation under a new immigration bail system introduced this year means that potentially thousands of migrants in detention have...
In R (Gedi) v Secretary of State for the Home Department [2016] EWCA Civ 409 the Court of Appeal reversed a High Court decision that the words “restriction as to residence” in paragraph 2(5) of Schedule 3 to the Immigration Act 1971 empowered the Secretary of State to impose a...
Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to the First-tier Tribunal. Previously, if a detainee had no place to stay on release then they could ask to be accommodated, under section 4(1)(c) of...
R (Aboro) v Secretary of State for the Home Department [2018] EWHC 1436 (Admin) is an unlawful detention claim about how conflicting psychiatric evidence should be interpreted. The Secretary of State relied upon the evidence of a detention centre doctor, in preference to experts instructed by Mr Aboro, to justify...
R (Eroje) v Secretary of State for the Home Department [2018] EWHC 1010 (Admin) is a shocking story of Home Office incompetence which led to the unnecessary and unlawful detention of someone who had made repeated attempts to leave the UK voluntarily. Ms Eroje is a Nigerian national and spent...
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 Free Movement directive, including proportionality and necessity,...
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 Court of Appeal held that injunctions against removal...
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 forced to change tack on torture The revision comes following the judgment...
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 2016. The blog has previously touched on some of the changes brought about by Schedule 10...
Significant changes to immigration detention powers and a new status called “immigration bail” came into force on 15 January 2018. The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2017 commence sections 61(1) and (2) and 66 of the Immigration Act 2016 and most of the immigration bail...
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 circumstances of the case. In particular, the risk of a...
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 the “prison-like” Harmondsworth Immigration Removal Centre near Heathrow. HM Chief Inspector of Prisons,...
On 1 February 2018, the High Court decided that the Home Secretary had discriminated against two Muslim men as a result of conditions at Brook House Immigration Removal Centre. For the immediate reaction to this case, this news piece by the BBC is worth reading, but we have only just...
Free Movement deputy editor Conor James McKinney has been exploring the day-to-day workings of the immigration tribunals. Above is a discussion with Emily Dugan of BuzzFeed News, a journalist with a long-standing interest in immigration and asylum issues whose latest report on the subject was published over the weekend. Below...
Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the Court of Appeal in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ 57. Detention centres have long been considered the...
The Supreme Court yesterday held in the case of B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 that the Home Office cannot impose bail conditions on a migrant who cannot be lawfully detained. Or, at least, the Home Office could not do so at the...
New research shows that the immigration insecurity of one family member now affects whole families, including children and citizens who are not themselves subject to immigration control, writes Dr Melanie Griffiths of the University of Bristol. This week, the University of Bristol published three policy briefings arising from new research...
A month ago, Free Movement reported on the detention of Abdulrahman Mohammed. He was awarded the substantial sum of £78,500 by the High Court after being detained unlawfully by the Home Office. In a subsequent judgment, the same court has increased the amount the Home Office must pay, after it...
The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows and detention. In R (AT & Ors) v Secretary of State for the Home Department [2017] EWHC 2714 (Admin), HHJ Walden-Smith...
The numbers of people in immigration detention have increased in the last decade. The UK has one of the largest immigration detention systems in Europe. There is no time limit. So opens a Bar Council report on Injustice in Immigration Detention, published today. As a Twitter-length summary of the issue,...
The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an immigration detainee. However, on the particular facts of the case, the decision to refuse consent to bail was deemed unlawful. Despite the impropriety of a...
Last week Suraj Saptoka was awarded £24,515.43 by order of a Deputy High Court judge for false imprisonment in Sapkota v Secretary of State for the Home Department [2017] EWHC 2857 (Admin). Mr Saptoka had been unlawfully detained for 36 days after immigration officials wrongfully decided he was attempting to...
Asked on 21 November about any link between people being kept in indefinite immigration detention and those same people using drugs, Home Office minister Brandon Lewis replied: We don’t have indefinite detention, so… It was an assertion Lewis went on to repeat half a dozen times in the space of...
The legal representatives of immigration detainees who claimed to have been tortured or who may otherwise be unsuitable for detention were not given copies of their medical records, internal Home Office analysis shows. This was contrary to the department’s policy. An audit covering early 2014, but published yesterday, looked at...
The High Court in R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) has found that in circumstances where a person would have no option but to stay on the streets after release from detention, the Home Office has a duty under Article 3 of the...
Abdulrahman Mohammed was last week awarded £78,500 by order of a High Court judge. The career criminal had been detained unlawfully under immigration powers on three occasions by the Home Office for a total period exceeding a year. Unusually, with both parties in agreement that the detention was unlawful, the...
Taskiran v Secretary of State for the Home Department [2017] EWHC 2679 (Admin) is a sad case. A web of domestic immigration law and international agreements have resulted in Mr Taskiran undergoing almost four years of immigration detention, which the court found legal. Mr Taskiran was brought to the United...
The hostile environment policy is making it more difficult for the Home Office to keep track of foreign national offenders and could even push up crime, the Independent Chief Inspector of Borders and Immigration has said. David Bolt’s inspection of the Home Office’s management of non-detained foreign national offenders reports...
