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
UNHCR has identified a number of countries to work with initially to revisit detention practices and to strengthen alternatives to detention, including Hungary, Indonesia, Lithuania,
If the use of detention for warehousing persons liable to deportation or removal has become a serious problem, it is in part because of repeated
Alois Dvorzac died in handcuffs in immigration detention in 2013. He was 84 years old, suffered from Alzheimers and he had been handcuffed for five
The Chief Inspector of Borders and Immigration has just published a damning report looking at the removals process at the Home Office. That the Home
Which all leads us to the following devastating question: how did this life, so full of historical resonance, affection and adventure, end up extinguished, in
We suggest that if the sureties were aware of x’s illegal status in the UK, they have been complicit in assisting him in defying UK
A new official report on Monitoring Places of Detention by an independent governmental monitoring body raises serious concerns about the immigration enforcement process. The private security
A Parliamentary written answer yesterday revealed that of the Syrians that managed to get to the UK to claim asylum in 2013, 24 were forcibly
A new report from Women For Refugee Women (‘WFRW’) sheds a sickening light on the conditions for women asylum seekers detained in Yarl’s Wood IRC.
In the week before Christmas, at a time when national procrastination levels are at an annual high, the Home Office has had another warning about
So, the other day I was doing a Bail for Immigration Detainees case out at Hatton Cross. These are seldom cheery affairs as it involves
One of the more pernicious aspects of the so-called automatic deportation provisions in the UK Borders Act 2007 is the provision in s.36 for detention
The Bail Observation Project has published its second report on immigration bail hearings in the First-tier Tribunal. The critical tenor of the report is revealed
The harsh reality of immigration law enforcement is dramatically exposed by the facts of the case of R (on the application of Shaw & Anor)
The latest issue of Forced Migration Review, Issue 44 on Detention, alternatives to detention and deportation, has been made available for free. It is a
Are you fenced in? Is there a security wall that stops you getting from A to B? The Guardian is launching a major project to report on
The horrific news of sexual abuse by private security contractors at Yarlswood, the female-only immigration detention centre near Bedford, is awful and shocking. It is
If we were to do what my hon. Friend suggested and have a blanket policy of not detaining [pregnant] women, first, having read many cases,
“There are now more than 45 million refugees and internally displaced people – the highest level in nearly 20 years. Figures give only a glimpse of this
Many thanks to Eric Fripp of Lamb Building for the following note: On 8th May 2013 in the First Tier Tribunal (Immigration and Asylum Chamber)
Immigration detention dehumanises not only the detainee but also every person who deals with it. It is a poison that infects us all. The professionals
It looked for a while like banning this blog was all the rage. First there was some discussion on Twitter on which websites are banned
The Court of Appeal recently gave judgment in the case of R (on the application of Muqtaar) v Secretary of State for the Home Department
As the opening post in a mini series over the next few weeks on detention issues and cases I thought it would be worthwhile to
There are we understand two charter flights bound to Sri Lanka on the 19 and 20 September 2012. If detainees do not have solicitors then
There has been a flood of judgments in the last few weeks on the issue of unlawful detention. With immigration detention used more frequently and
The Court of Appeal has reviewed the meaning of ‘independent evidence of torture’ and the correct approach to the analysis of medical reports in R (on
Just a quick one to flag up a guest post I’ve written for the 1 Crown Office Row UK Human Rights Blog. It covers Abu
In the case of R (on the application of Sino) v Secretary of State for the Home Department [2011] EWHC 2249 (Admin) (25 August 2011)
The news coverage over the weekend reporting on the very recent deaths of three men in detention centres is yet another reminder that the system
I have started to think about the Herculean (perhaps Sisyphean a better analogy? – ed.) task of updating the HJT Immigration Manual, something I do at
Amnesty International has launched a campaign to change the way that the UK Border Agency conducts forced removals. The practices used by the private security
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...
If the use of detention for warehousing persons liable to deportation or removal has become a serious problem, it is in part because of repeated failures by the Home Office to limit the exercise of powers given to it by Parliament to the purpose for which they are intended. Source
...The Chief Inspector of Borders and Immigration has just published a damning report looking at the removals process at the Home Office. That the Home Office is not effective in conducting removals is hardly news to those of us who work in immigration law but even I was surprised by...
Which all leads us to the following devastating question: how did this life, so full of historical resonance, affection and adventure, end up extinguished, in handcuffs, in a British asylum detention centre? Great journalism but very upsetting piece. The Home Office attempt to blame the security contractors is particularly repugnant.
...We suggest that if the sureties were aware of x’s illegal status in the UK, they have been complicit in assisting him in defying UK immigration law, and are therefore unsuitable in ensuring he comply with the conditions of bail. Alternatively, if these sureties were unaware of x’s illegal status...
A new official report on Monitoring Places of Detention by an independent governmental monitoring body raises serious concerns about the immigration enforcement process. The private security contractors responsible are criticised for disproportionate use of force and restraint, unprofessional behaviour and use of ‘very offensive language’ in front of immigration detainees...
A Parliamentary written answer yesterday revealed that of the Syrians that managed to get to the UK to claim asylum in 2013, 24 were forcibly removed and a further 20 remain in immigration detention today. That seems to me truly shocking. It certainly gives lie to the UK Government’s hollow...
A new report from Women For Refugee Women (‘WFRW’) sheds a sickening light on the conditions for women asylum seekers detained in Yarl’s Wood IRC. 70 per cent of the women they interviewed that were guarded by men said that the very presence of male staff made them feel uncomfortable....
So, the other day I was doing a Bail for Immigration Detainees case out at Hatton Cross. These are seldom cheery affairs as it involves all of the misery of Hatton Cross and long term immigration detention but none of the financial recompense. It reflects rather badly on me that...
One of the more pernicious aspects of the so-called automatic deportation provisions in the UK Borders Act 2007 is the provision in s.36 for detention while the Secretary of State considers whether an exception to that Act applies. That is to say you can be detained not only while deportation...
The latest issue of Forced Migration Review, Issue 44 on Detention, alternatives to detention and deportation, has been made available for free. It is a huge issue with a range of really interesting looking articles. As well as covering the headline themes, there are also several articles on Syria and...
The horrific news of sexual abuse by private security contractors at Yarlswood, the female-only immigration detention centre near Bedford, is awful and shocking. It is very far from the first time that problems or outright abuse at Yarlswood has been reported, though. Various examples from 2009 onwards can be found...
If we were to do what my hon. Friend suggested and have a blanket policy of not detaining [pregnant] women, first, having read many cases, I fear we would find quite a lot of people saying they were pregnant as another method of delaying their departure from the UK …...
“There are now more than 45 million refugees and internally displaced people – the highest level in nearly 20 years. Figures give only a glimpse of this enormous human tragedy. Every day, conflict tears apart the lives of thousands of families. They may be forced to leave loved ones behind...
Many thanks to Eric Fripp of Lamb Building for the following note: On 8th May 2013 in the First Tier Tribunal (Immigration and Asylum Chamber) at York House, a panel consisting of First Tier Tribunal Judges Woodcraft and Samimi dealt with two cases (references AA/04010/13 and AA/04016/13) in which asylum...
Immigration detention dehumanises not only the detainee but also every person who deals with it. It is a poison that infects us all. The professionals who deal with detainees and their families develop coping mechanisms. We convince ourselves that detention is necessary, that there is no alternative, that it is...
It looked for a while like banning this blog was all the rage. First there was some discussion on Twitter on which websites are banned within immigration detention centres, then the immigration tribunal presidents had a go as well. What are "prohibited categories" of websites in IRCs if they include...
The Court of Appeal recently gave judgment in the case of R (on the application of Muqtaar) v Secretary of State for the Home Department [2012] EWCA Civ 1270, a challenge by a Somali national to his detention under administrative immigration powers for the extraordinary period of 41 months, or...
There are we understand two charter flights bound to Sri Lanka on the 19 and 20 September 2012. If detainees do not have solicitors then contact Janani Jananayagam from TAG [Tamils Against Genocide] who can be contacted on 07801 999130. She will direct detainees to solicitors who may be able...
There has been a flood of judgments in the last few weeks on the issue of unlawful detention. With immigration detention used more frequently and for longer periods than ever before, the aftermath of the secret and unlawful presumption of detention policy and the ongoing travails of the UK Border...
The Court of Appeal has reviewed the meaning of ‘independent evidence of torture’ and the correct approach to the analysis of medical reports in R (on the application of AM) v Secretary of State for the Home Department [2012] EWCA Civ 521. AM was unrepresented, her asylum application refused, her...
In the case of R (on the application of Sino) v Secretary of State for the Home Department [2011] EWHC 2249 (Admin) (25 August 2011) John Howell QC, sitting as a deputy judge of the High Court, held that the entire period of detention of an Algerian man was unlawful,...
The news coverage over the weekend reporting on the very recent deaths of three men in detention centres is yet another reminder that the system is, in my view, truly abhorrent. The Guardian reported that two men died from suspected heart attacks at Colnbrook near Heathrow airport. One of the...
Amnesty International has launched a campaign to change the way that the UK Border Agency conducts forced removals. The practices used by the private security contractors who do the dirty work for the Border Agency was highlighted earlier this year by the tragic death of Jimmy Mubenga. Follow this link...
