Author: Jed Pennington

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Jed Pennington

Jed Pennington is a public law and human rights specialist at Wilson Solicitors, with a particular focus on judicial reviews and civil actions concerning immigration detention and migrant rights.

The Home Office has withdrawn its “pushback policy” which purported to set out a plan to return migrant boats in the English Channel to France. The climbdown follows recent skirmishes over expert evidence and disclosure — see [2022] EWHC 517 (Admin) and [2022] EWHC 823 (Admin) — as part of...

27th April 2022
BY Jed Pennington

The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life entitles him to damages under the Human Rights Act 1998 and under EU law. The case is QH (Afghanistan) v Secretary of State for the...

12th April 2022
BY Jed Pennington

The High Court has held that the Home Office’s search for and seizure of mobile phones from migrants who arrived by small boats from France, and the retention of extracted data, was unlawful. The case is R (HM, MA, KH) v Secretary of State for the Home Department [2022] EWHC...

29th March 2022
BY Jed Pennington

In R (SB (a child)) v Royal Borough of Kensington & Chelsea [2022] EWHC 308 (Admin) the High Court held that an interview conducted by social workers as part of a short-form age assessment was “clearly unfair”. This was because of the combination of there having been no interpreter, no...

28th February 2022
BY Jed Pennington

In R (A and Others) v Secretary of State for the Home Department [2022] EWHC 360 (Admin), Mr Justice Fordham refused permission for a judicial review challenge to the consultation on the Home Office’s New Plan for Immigration. The judgment’s lengthy discussion of whether the issue was justiciable will be...

23rd February 2022
BY Jed Pennington

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 immigration bail were commenced. This provision was designed to implement the 2015 Conservative party manifesto commitment to “introduce satellite tracking...

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 cases in immigration detention and applies to Home Office staff and its contractors. The last version of the policy (dated...

15th February 2022
BY Jed Pennington

In R (SGW) v Secretary of State for the Home Department (Biometrics , family reunion policy) [2022] UKUT 15 (IAC), the Upper Tribunal decided that Home Office guidance on refugee family reunion applications is unlawful because it fails to accurately describe the legal discretion in relation to providing biometric information....

17th January 2022
BY Jed Pennington

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 bail exists even when a person cannot be lawfully detained. As Alex commented at the time of the High Court...

14th December 2021
BY Jed Pennington

In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying legal issue. Interim relief followed...

30th November 2021
BY Jed Pennington
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