All Articles: immigration officers

Migrants who arrived by small boat may be able to claim damages for unlawful seizure of phones

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 H ...

29th March 2022 By

Can you get compensation if an immigration officer acts unlawfully?

This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15. Fishing boats impounded over illegal immigration charges In 2015, an immigration officer issued lett ...

9th June 2021 By

Immigration officers do not need to comply with PACE during enforcement raids, says Upper Tribunal

In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the Police and Criminal Evidence Act 1984 (PACE) to immigration officers exercising po ...

27th March 2018 By

Proving that immigration officers have used excessive force

Shittu v The Home Office [2017] EWCA Civ 1748 is a sad case which illustrates how difficult it is to bring legal challenges against the Home Office for using excessive force against migrants during the removal process. Civil claims against the Secret ...

19th December 2017 By

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