On 11 March 2024, the President and Vice-President of the Upper Tribunal (Immigration and Asylum Chamber) handed down their decision in R (Mark Nelson) v
The High Court has provided helpful guidance in relation to immigration detention powers post Illegal Migration Act 2023 in an interim relief decision on bail.
In January this year, the Home Office updated its guidance on reporting conditions, again. Version 6 was published on 19 January 2023, replacing version 5
This post provides an update on legal challenges to the Home Office’s policy and practice of requiring people on immigration bail to wear Global Positioning
In R (BVN) v Secretary of State for the Home Department [2022] EWHC 1159 (Admin) the High Court has confirmed that the Secretary of State
From April 2022 the Home Office has moved to using telephone reporting as a mainstream reporting alternative. This follows on from changes implemented on an
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
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 Supreme Court has this morning handed down judgment in R (Majera) (formerly SM Rwanda) v Secretary of State for the Home Department [2021] UKSC
In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow
The High Court has ordered the release on bail of a detainee who is subject to deportation action but suffers from serious mental health problems.
In the case of Mahboubian v Secretary of State for the Home Department [2020] EWHC 3289 (Admin), the High Court decided that the Home Office
The Home Office has released new interim guidance on the immigration bail accommodation system. The 15-page document introduces a couple of minor changes to address
The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January
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
In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One
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
The Home Office tried to put pressure on judges to stop releasing migrants from immigration detention, it has emerged. An official letter from the department
In O3 v Secretary of State for the Home Department [2019] SN/147/2018, the Special Immigration Appeals Commission has confirmed that, just like regular immigration detainees,
An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or
People in immigration detention can make an application for Secretary of State bail directly to the Home Office. The Home Office has the same powers
The Home Office has updated its policy on the requirements for accommodation and support to enable people to meet the conditions of their immigration bail.
R (AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin) is about how long the Home Office is allowed to
The High Court has ruled that a claimant is entitled to extra unlawful detention damages for frustration and anxiety where the Home Office fails to provide
R (Lucas) v Secretary of State for the Home Department [2018] EWCA Civ 2541 is about re-detention following the grant of immigration bail by the
Homeless migrants are being kept in detention centres indefinitely because the Home Office is no longer finding them a place to live after release. The department’s
Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to
Judge Clements, President of the First-tier Tribunal (IAC), yesterday released comprehensive new guidance on immigration bail for judges. The updated guidance naturally takes into account
Significant changes to immigration detention powers and a new status called “immigration bail” came into force on 15 January 2018. The Immigration Act 2016 (Commencement No.
Free Movement deputy editor Conor James McKinney has been exploring the day-to-day workings of the immigration tribunals. Above is a discussion with Emily Dugan of
The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an
The High Court in R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) has found that in circumstances where a person
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
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
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
On 11 March 2024, the President and Vice-President of the Upper Tribunal (Immigration and Asylum Chamber) handed down their decision in R (Mark Nelson) v Secretary of State for the Home Department (JR-2023-001472), the first challenge to the Home Secretary’s policy of requiring people on immigration bail to be monitored...
The High Court has provided helpful guidance in relation to immigration detention powers post Illegal Migration Act 2023 in an interim relief decision on bail. There are two written decisions, these are IS (Bangladesh) v Secretary of State for the Home Department [2023] EWHC 3353 (Admin) and [2023] EWHC 3130...
In January this year, the Home Office updated its guidance on reporting conditions, again. Version 6 was published on 19 January 2023, replacing version 5 which was in place for less than six months, from 30 June 2022. Version 5 Version 5 was very much a welcome development in terms...
This post provides an update on legal challenges to the Home Office’s policy and practice of requiring people on immigration bail to wear Global Positioning System (GPS) devices. You can read more about the policy and the legal framework here and here. To summarise, in August 2021 the Home Office...
In R (BVN) v Secretary of State for the Home Department [2022] EWHC 1159 (Admin) the High Court has confirmed that the Secretary of State has no power to interfere with the conditions attached to a grant of High Court bail. It is an unusual issue and the judgment contains...
From April 2022 the Home Office has moved to using telephone reporting as a mainstream reporting alternative. This follows on from changes implemented on an emergency basis during the pandemic lockdown and sustained lobbying by migrants rights groups. People who are given a telephone appointment slot will be notified of this...
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...
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...
The Supreme Court has this morning handed down judgment in R (Majera) (formerly SM Rwanda) v Secretary of State for the Home Department [2021] UKSC 46. The appeal, as Lord Reed states in his opening sentence, raised a “question of constitutional importance”. That question was whether the government (or anyone...
In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow the Home Office to use the pandemic as cover to justify long “grace period” delays in releasing detainees. The case is R (Habeb) v Secretary...
The High Court has ordered the release on bail of a detainee who is subject to deportation action but suffers from serious mental health problems. Full judgments at the interim relief stage are relatively unusual so R (RS) v Secretary of State for the Home Department [2021] EWHC 54 (Admin)...
In the case of Mahboubian v Secretary of State for the Home Department [2020] EWHC 3289 (Admin), the High Court decided that the Home Office couldn’t be held responsible for an eight-month delay in finding immigration bail accommodation for a high-risk offender. The court instead found that pandemic disruption was...
The Home Office has released new interim guidance on the immigration bail accommodation system. The 15-page document introduces a couple of minor changes to address the High Court’s damning criticism of the department’s bail accommodation policies in Humnyntskyi v Secretary of State for the Home Department [2020] EWHC 1912 Admin,...
The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January 2018, tens of thousands of people have struggled against the harsh new system, which has kept many indefinitely detained by the Home Office or has...
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...
In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One week and two extension of time requests later, the Home Office has now complied with that order. Mr Merca, detained since December 2019, had...
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...
The Home Office tried to put pressure on judges to stop releasing migrants from immigration detention, it has emerged. An official letter from the department to a top immigration judge said that the Home Office was “somewhat surprised” that judges had agreed to release so many people on immigration bail...
In O3 v Secretary of State for the Home Department [2019] SN/147/2018, the Special Immigration Appeals Commission has confirmed that, just like regular immigration detainees, those facing deportation on national security grounds are entitled to a presumption of bail. In deciding whether to grant bail to such detainees, the Commission...
An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or asylum support provided by the Home Office. R (AT (Guinea))) v Secretary of State for the Home Department [2019] EWHC 2709 (Admin) is about the...
People in immigration detention can make an application for Secretary of State bail directly to the Home Office. The Home Office has the same powers as the immigration tribunal to grant bail and manage its conditions. Is it worth applying? An application to the Secretary of State for immigration bail...
The Home Office has updated its policy on the requirements for accommodation and support to enable people to meet the conditions of their immigration bail. The policy applies whether that bail is granted by the Home Office or by the tribunal. While a new form has been introduced for some...
R (AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin) is about how long the Home Office is allowed to delay providing accommodation following the grant of bail in principle by the First-tier Tribunal. Unfortunately, the answer given by the High Court is at least...
The High Court has ruled that a claimant is entitled to extra unlawful detention damages for frustration and anxiety where the Home Office fails to provide a release address. The guidance on this issue provided by R (Diop) v Secretary of State for the Home Department [2018] EWHC 3420 (Admin)...
R (Lucas) v Secretary of State for the Home Department [2018] EWCA Civ 2541 is about re-detention following the grant of immigration bail by the First-tier Tribunal under the now repealed provisions of the Immigration Act 1971. The Court of Appeal ruled that tribunal bail finishes once the person has...
Homeless migrants are being kept in detention centres indefinitely because the Home Office is no longer finding them a place to live after release. The department’s refusal or inability to provide accommodation under a new immigration bail system introduced this year means that potentially thousands of migrants in detention have...
Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to the First-tier Tribunal. Previously, if a detainee had no place to stay on release then they could ask to be accommodated, under section 4(1)(c) of...
Judge Clements, President of the First-tier Tribunal (IAC), yesterday released comprehensive new guidance on immigration bail for judges. The updated guidance naturally takes into account the significant changes brought about by the Immigration Act 2016. The blog has previously touched on some of the changes brought about by Schedule 10...
Significant changes to immigration detention powers and a new status called “immigration bail” came into force on 15 January 2018. The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2017 commence sections 61(1) and (2) and 66 of the Immigration Act 2016 and most of the immigration bail...
Free Movement deputy editor Conor James McKinney has been exploring the day-to-day workings of the immigration tribunals. Above is a discussion with Emily Dugan of BuzzFeed News, a journalist with a long-standing interest in immigration and asylum issues whose latest report on the subject was published over the weekend. Below...
The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an immigration detainee. However, on the particular facts of the case, the decision to refuse consent to bail was deemed unlawful. Despite the impropriety of a...
The High Court in R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) has found that in circumstances where a person would have no option but to stay on the streets after release from detention, the Home Office has a duty under Article 3 of the...
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...
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...
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...
