Updates, commentary, training and advice on immigration and asylum law

High Court order published: Home Office mobile phone policy is unlawful


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The High Court handed down its judgment in the case of R (HM, MA, KH) v Secretary of State for the Home Department [2022] EWHC 695 (Admin) on 25 March 2022. The court held that the Home Office’s search for and seizure of mobile phones from migrants who arrived in the UK by small boats was unlawful. The extraction and retention of data from the phones, as well as retention of the phones themselves, was also unlawful. You can read more about this case here

The Divisional Court handed down a supplementary oral judgment on 14 October 2022. It deals with relief and other consequential matters, including in relation to the duty of candour. The written version of the judgment is not yet publicly available. However, the court’s order has now been published on the government’s website.

A further post on the supplementary judgment will follow.

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