High Court defeat for Home Office over torture policy
10 October 2017
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The Home Office has lost a judicial review over its controversial change to the definition of torture in a claim brought by unlawfully detained torture
The Home Office has lost a judicial review over its controversial change to the definition of torture in a claim brought by unlawfully detained torture
Panorama, Undercover: Britain’s Immigration Secrets is required viewing for anyone interested in immigration in the UK. It is also deeply uncomfortable viewing. It documents an
Following a seven-day hearing in the High Court, Mr Felix Wamala, a Ugandan national, was awarded £48,000 in damages for the actions of private security
The Independent Monitoring Board (IMB) has published its annual review of the treatment of returnees during charter flights. It reported four headline concerns: firstly, that
In a recent decision from Strasbourg, the European Court of Human Rights has found the UK Home Office unlawfully detained a Zimbabwean national. The Court
Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed
Arben Draga v United Kingdom (Application no. 33341/13) Unlike most other European countries, there is no time limit on immigration detention in the UK. In addition, the law
R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable
The case of R (Majera) v Secretary of State for the Home Department [2017] UKUT 163 (IAC) is a thoughtful judgment from the Upper Tribunal giving
Al Chodor and Others (C-528/15) In a highly significant judgment the CJEU has shown, in effect, that the Home Office has unlawfully detained hundreds or even
There is supposed to be a fundamental difference between custodial incarceration and immigration detention. The former is reserved for those who have committed crimes: its
The High Court has ruled in the case of R (On the Applications Of TN (Vietnam) & US (Pakistan)) v Secretary of State for the
Free Movement has reported twice on immigration removal centres (IRCs) blocking access to websites informing detainees of their legal rights. HM Chief Inspector of Prisons criticised
Very useful update from my colleague Shu Shin Luh: R (Hossain and Ors) v Secretary of State for the Home Department [2016] EWHC 1331 (Admin)
Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the
In the first judgment of its kind since the suspension of the Detained Fast Track on 2 July 2015, the High Court struck down the
What were Harmondsworth and Colnbrook Detention Centres have been brought under the same management, and are now called Heathrow Immigration Removal Centres. Nonetheless, as the
A new Detention Services Order 04/2016 about internet access for detainees has just been published. This is the first time the Home Office has set central guidelines
A new Detention Services Order, DSO 03/2016, has been issued by the Home Office. The name is innocuous — Considering detainee placement — but we
The High Court has awarded damages of just £3,750 to an Algerian man for a period of five months of unlawful detention. This was just
As if Michael Gove MP needed further reminding, in wake of Colin Yeo’s appearance on World at One on Wednesday where he pointed out the
A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for
UPDATE: overturned by the Court of Appeal in R (On the Application Of Raza) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA
The High Court has in the case of R (On the Application Of Mohammed) v Secretary of State for the Home Department [2016] EWHC 447
An unannounced inspection of short term detention facilities for refugees and migrants crossing the Channel into the UK has revealed that hundreds, including many children, have
The new HM Chief Inspector of Prisons is not holding his punches. Peter Clarke’s first report is on the Harmondsworth detention camp used for short
In the case of R (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 (Admin) Mr Justice Garnham
The review by Stephen Shaw into the welfare in immigration detention of vulnerable persons has been published today. The Government has responded stating that it “accepts the
The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On
The case of Home Office v VS [2015] EWCA Civ 1142 discloses continued concerns about Home Office treatment of refugee children and sets clear guidelines
Dover Immigration Removal Centre has served as home to many of its inhabitants for months or even years. It has received damning reports due to
The Guardian is carrying a story that the Home Office has settled an unlawful detention claim by a pregnant asylum seeker detained at Yarl’s Wood
Yesterday The Verne Immigration Removal Centre was criticised by Her Majesty’s Chief Inspector of Prisons for its “prison-like” regime and high levels of violence and today
In a judgment handed down this morning, the Court of Appeal has agreed with Nichol J’s earlier judgment in the High Court holding the Detained
The detained fast track appeals system was last Friday held to be unlawful in the High Court. The is available here: Detention Action v First-Tier Tribunal (Immigration
In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected
In the case of Xue v Secretary of State for the Home Department [2015] EWHC 825 (Admin) the Home Office claimed that the court had no
In Detention Action v Secretary of State for the Home Department [2014] EWHC 2245, Ouseley J considered a challenge to the lawfulness of the policy
The latest unannounced official HMIP report on Haslar immigration detention centre reveals that the centre staff had blocked the websites for Bail for Immigration Detainees
HM Chief Inspector of Prisons report on an unannounced inspection of Dover Immigration Removal Centre (IRC) between 3–14 March 2014 (published 7 July 2014) once
The Home Office has lost a judicial review over its controversial change to the definition of torture in a claim brought by unlawfully detained torture victims. The judgment is in the case of Medical Justice & Ors v Secretary of State for the Home Department [2017] EWHC 2461 (Admin). In...
Panorama, Undercover: Britain’s Immigration Secrets is required viewing for anyone interested in immigration in the UK. It is also deeply uncomfortable viewing. It documents an undercover investigation into Brook House, one of the UK’s 13 Immigration Removal Centres. The episode shows detainees subjected to severe violence, taunting, and mistreatment. A...
Following a seven-day hearing in the High Court, Mr Felix Wamala, a Ugandan national, was awarded £48,000 in damages for the actions of private security guards contracted by the Home Office in seeking to remove him from the UK. This is the case of Wamala v Tascor Services Ltd [2017]...
The Independent Monitoring Board (IMB) has published its annual review of the treatment of returnees during charter flights. It reported four headline concerns: firstly, that force and restraint had been used without due checks and for too long; secondly, that escorts employed by contractors were in charge of selecting which...
In a recent decision from Strasbourg, the European Court of Human Rights has found the UK Home Office unlawfully detained a Zimbabwean national. The Court found that the UK authorities had failed to act with sufficient “due diligence” in progressing the Applicant’s case, leading to him being detained for over...
Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering...
Arben Draga v United Kingdom (Application no. 33341/13) Unlike most other European countries, there is no time limit on immigration detention in the UK. In addition, the law does not provide for an automatic judicial review of the lawfulness of detention. Instead, detainees must proactively challenge the lawfulness of their...
R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a further example of the Secretary of State’s ‘enduring casualness’ [23]...
The case of R (Majera) v Secretary of State for the Home Department [2017] UKUT 163 (IAC) is a thoughtful judgment from the Upper Tribunal giving helpful guidance on the legal status of a First-tier Tribunal bail decision which may have an error on its face. It may be helpful...
Al Chodor and Others (C-528/15) In a highly significant judgment the CJEU has shown, in effect, that the Home Office has unlawfully detained hundreds or even thousands of individuals seeking international protection. The background facts The Al Chodor family are Iraqi nationals. They travelled to the Czech Republic and were subject...
There is supposed to be a fundamental difference between custodial incarceration and immigration detention. The former is reserved for those who have committed crimes: its purpose is punitive, to protect the public and to rehabilitate offenders. The latter, however, is meant to be administrative: a stepping stone for those who...
The High Court has ruled in the case of R (On the Applications Of TN (Vietnam) & US (Pakistan)) v Secretary of State for the Home Department & Anor [2017] EWHC 59 (Admin) that over 10,000 asylum appeals had been decided under procedure rules so unfair that the determinations could...
Free Movement has reported twice on immigration removal centres (IRCs) blocking access to websites informing detainees of their legal rights. HM Chief Inspector of Prisons criticised Haslar IRC two years ago for having the websites of Bail for Immigration Detainees and Amnesty International blocked. What are "prohibited categories" of websites in...
Very useful update from my colleague Shu Shin Luh: R (Hossain and Ors) v Secretary of State for the Home Department [2016] EWHC 1331 (Admin) Mr Justice Cranston this week handed down judgment in Hossain & others v SSHD, the test case (with four representative claimants) on the lawfulness of...
Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the Home Office took it into their own hands to impose curfew restrictions over and above bail conditions those imposed by the First Tier Tribunal, as...
In the first judgment of its kind since the suspension of the Detained Fast Track on 2 July 2015, the High Court struck down the Home Secretary’s refusal and certification of an asylum claim which was made in the structurally unfair and unjust Detained Fast Track (DFT) and ordered the...
What were Harmondsworth and Colnbrook Detention Centres have been brought under the same management, and are now called Heathrow Immigration Removal Centres. Nonetheless, as the Independent Monitoring Board’s report shows, detention centres by another name still have their same old problems. The Board’s recommendations focus on treatment of vulnerable people,...
A new Detention Services Order 04/2016 about internet access for detainees has just been published. This is the first time the Home Office has set central guidelines on internet access for immigration detainees. The Order makes clear that all detainee internet usage is monitored and centrally recorded. The Order states that detainees...
A new Detention Services Order, DSO 03/2016, has been issued by the Home Office. The name is innocuous — Considering detainee placement — but we can hope that it will have a significant impact because what it really requires is a proper risk assessment before a person is accepted into...
The High Court has awarded damages of just £3,750 to an Algerian man for a period of five months of unlawful detention. This was just the latest period of immigration detention for Mr Sino, though, who has been detained for a cumulative total of seven years and two months. Mr...
As if Michael Gove MP needed further reminding, in wake of Colin Yeo’s appearance on World at One on Wednesday where he pointed out the fundamental error of the Justice Secretary’s assertion that Britain cannot deport EEA nationals with a criminal record, the Supreme Court in R (on the application...
A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inaccurate and misleading” submissions to previous judges...
UPDATE: overturned by the Court of Appeal in R (On the Application Of Raza) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA Civ 807. R (on the application of Raza) v Secretary of State for the Home Department (Bail – conditions – variation – Article 9...
An unannounced inspection of short term detention facilities for refugees and migrants crossing the Channel into the UK has revealed that hundreds, including many children, have been held in “wholly unacceptable” and insanitary conditions. Many were held in a disused freight shed and forced to sleep on concrete floors, with...
The new HM Chief Inspector of Prisons is not holding his punches. Peter Clarke’s first report is on the Harmondsworth detention camp used for short and long term detention of migrants near Heathrow airport. In an unannounced inspection his team found “appalling” and “desolate” conditions for detainees. You can access...
In the case of R (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 (Admin) Mr Justice Garnham ordered the release of a detained Zimbabwean foreign criminal. In the process, he was corruscating critical of the conduct of Government lawyers acting for the...
The review by Stephen Shaw into the welfare in immigration detention of vulnerable persons has been published today. The Government has responded stating that it “accepts the broad thrust of his recommendations” and that the Home Office expects its reforms to reduce the number of those detained and the duration...
The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On the Application Of Idira) v The Secretary of State for the Home Department [2015] EWCA Civ 1187 and the Court rules that there is no...
The case of Home Office v VS [2015] EWCA Civ 1142 discloses continued concerns about Home Office treatment of refugee children and sets clear guidelines on limits of power to detain children. The child was represented in the Court of Appeal by Stephanie Harrison QC and Shu Shin Luh of...
Dover Immigration Removal Centre has served as home to many of its inhabitants for months or even years. It has received damning reports due to its prison-like conditions and long periods of detention. On 15th October the Home Office finally announced that it would shut. This announcement came without reasons...
The Guardian is carrying a story that the Home Office has settled an unlawful detention claim by a pregnant asylum seeker detained at Yarl’s Wood and has said it will review its policy. The level of compensation is not disclosed. Detention policy is supposedly that pregnant asylum seekers will not...
Yesterday The Verne Immigration Removal Centre was criticised by Her Majesty’s Chief Inspector of Prisons for its “prison-like” regime and high levels of violence and today HMCIP described Yarl’s Wood as an issue “of national concern”. These are damning inspection reports and the Government’s only response is to express “disappointment”...
In a judgment handed down this morning, the Court of Appeal has agreed with Nichol J’s earlier judgment in the High Court holding the Detained Fast Track appeal system to be inherently unfair. The new judgment is The Lord Chancellor v Detention Action [2015] EWCA Civ 840. The Home Office...
The detained fast track appeals system was last Friday held to be unlawful in the High Court. The is available here: Detention Action v First-Tier Tribunal (Immigration and Asylum Chamber) & Ors [2015] EWHC 1689 (Admin). The Home Office will appeal the judgment, which is in the meantime stayed. This...
In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected within a reasonable time. The decision is also important for the analysis of case law concerning detention where the prospects of effecting return depend upon...
In the case of Xue v Secretary of State for the Home Department [2015] EWHC 825 (Admin) the Home Office claimed that the court had no “superhero” jurisdiction and could not or should interfere with the right of the Secretary of State indefinitely to detain a foreign national. Happily for...
In Detention Action v Secretary of State for the Home Department [2014] EWHC 2245, Ouseley J considered a challenge to the lawfulness of the policy and practice applied by the Secretary of State in the operation of the detained fast track and concluded that it ‘carries with it too high...
The latest unannounced official HMIP report on Haslar immigration detention centre reveals that the centre staff had blocked the websites for Bail for Immigration Detainees (BID) and Amnesty International: Detainees had access to the internet, but some key websites were blocked. The officer on duty in the internet suite could...
HM Chief Inspector of Prisons report on an unannounced inspection of Dover Immigration Removal Centre (IRC) between 3–14 March 2014 (published 7 July 2014) once again highlights critical concerns surrounding Rule 35 of the Detention Centre Rules 2001. Dover IRC is generally commended, although its atmosphere appears to remain that...
