Rule 35 isn’t working – and there’s data to prove it
21 July 2020
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Data about the operation of Rule 35 of the Detention Centre Rules brought into the public domain by a Freedom of Information request lays bare
Data about the operation of Rule 35 of the Detention Centre Rules brought into the public domain by a Freedom of Information request lays bare
In Kaitey v Secretary of State for the Home Department [2020] EWHC 1861 (Admin), the High Court has confirmed that the power to set immigration
This post explains the Hardial Singh principles, which are the most important limitation on the Home Office’s immigration detention powers. The Hardial Singh principles take
S.M. v Croatia (application no. 60561/14) is an odd case to read. It is very long, running to 356 paragraphs and several concurring judgments, and
In SA v The Netherlands (application no. 49773/15), the European Court of Human Rights has issued a judgment which should concern those representing Sudanese asylum
The European Court of Human Rights has declined an invitation to extend the jurisdiction of the Convention to cover applications made for a visa to
The Court of Appeal has rejected a challenge to the £1 an hour rate of pay for detainees who undertake work in immigration removal centres.
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking
Even by Home Office standards, the decision to defend the case of R (Nmai) v Secretary of State for the Home Department [2020] EWHC 1139
David Bolt, the Independent Chief Inspector of Borders and Immigration, has published his first report into the operation of the Adults at Risk policy. It
Data about the operation of Rule 35 of the Detention Centre Rules brought into the public domain by a Freedom of Information request lays bare the inadequacies of the current system for reporting vulnerabilities among immigration detainees. The data, obtained by Lewis Kett of Duncan Lewis Solicitors, demonstrates that Rule...
In Kaitey v Secretary of State for the Home Department [2020] EWHC 1861 (Admin), the High Court has confirmed that the power to set immigration bail conditions exists even when a person cannot be lawfully detained in compliance with the Hardial Singh principles. This is an unsurprising result, since that...
This post explains the Hardial Singh principles, which are the most important limitation on the Home Office’s immigration detention powers. The Hardial Singh principles take their name from the case of R (Hardial Singh) v Governor of Durham Prison [1983] EWHC 1 (QB), an early immigration detention case. Lord Woolf...
S.M. v Croatia (application no. 60561/14) is an odd case to read. It is very long, running to 356 paragraphs and several concurring judgments, and refers to a wide variety of international law sources. But its conclusion is straightforward: forced prostitution falls within the scope of Article 4 of the...
In SA v The Netherlands (application no. 49773/15), the European Court of Human Rights has issued a judgment which should concern those representing Sudanese asylum seekers. It is not a Grand Chamber decision and the main point of contention was the credibility of the applicant, but nonetheless it suggests that...
The European Court of Human Rights has declined an invitation to extend the jurisdiction of the Convention to cover applications made for a visa to enter a given country and claim asylum. In M.N. and Others v. Belgium (application no. 3599/18), the Strasbourg court ruled that an application brought by...
The Court of Appeal has rejected a challenge to the £1 an hour rate of pay for detainees who undertake work in immigration removal centres. In R (Badmus) v Secretary of State for the Home Department [2020] EWCA Civ 657 the court maintained the decision reached by the High Court...
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking release during the COVID-19 crisis. The short judgment in (R) Khan v SSHD CO/1366/2020 provides an example of how judges should proceed in light of...
Even by Home Office standards, the decision to defend the case of R (Nmai) v Secretary of State for the Home Department [2020] EWHC 1139 (Admin) looks particularly pointless. The claimant had an incredibly strong case and the judge allowed the claim with little hesitation. By allowing it to get...
David Bolt, the Independent Chief Inspector of Borders and Immigration, has published his first report into the operation of the Adults at Risk policy. It makes fascinating reading for anyone involved in helping vulnerable adults secure release from detention. The report is balanced and objective, but also highly critical of...
