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Detention

Some of the primary legislation

Some of our recent notable cases

Mustafa Farsous v Secretary of State for the Home Department (2014)
The final eight months of a Moroccan national’s 22-month immigration detention were unlawful. Detention became unlawful because the risk of absconding had reduced over time.
[2014] EWHC 5/9/2014
Greg Ó Ceallaigh

VS v Home Office (2014)
The Home Office unlawfully detained a migrant child on two occasions, firstly on arrival at port, and secondly as an adult in reliance on a Kent social services age assessment proforma.
[2014] EWHC 2483 (QB)  22/7/2014
Shu Shin Luh

Detention Action v Secretary of State for the Home Department (2014)
Significant successful challenge to the operation of the Detained Fast Track procedure. Found that the unjustifiable delay in providing lawyers to people in detention means the process carries a “unacceptable risk of unfairness”.
[2014] EWHC 2245 (Admin)   9/7/2014
Stephanie Harrison QC & Michelle Brewer

R (on the application of MD) v Secretary of State for the Home Department (2014)
A claimant who was detained on her arrival into the UK from her native Guinea, and who suffered serious mental illness was detained unlawfully and her detention breached the third ‘Hardial Singh’ principle.
[2014] EWHC 2249 (Admin)  8/7/2014
Stephanie Harrison QC

Pratima Das, R (on the application of) v Secretary of State for the Home Department (2014)
The judgment gives importance guidance on when the Home Secretary can lawfully detain people with serious mental illnesses who are liable to be removed from the UK.
[2014] EWCA Civ 45 28/1/2014
Stephanie Harrison QC & Michelle Brewer

Ismail, R (on the application of) v Secretary of State for the Home Department (2013)
The immigration detention of a Somali national was ruled unlawful. The man, who had been resident in the UK for 20 years, had been held in immigration detention for 18 months following a conviction for actual bodily harm. The purpose of this was to allow the Secretary of State to consider whether or not to make a deportation order against him. The Court ruled nine months of it to be unlawful.
[2013] EWHC 3921 (Admin) 13/12/2013
Greg Ó Ceallaigh

Saleh (Sudan) R (on the app of) v Secretary of State for the Home Department (2013)
A Sudanese claimant who had been convicted of sexual offences against young girls was in immigration detention for 15 months awating secretary of state’s decision on whether to deport him. During an unaccounted for period during which little or no administrative action had taken place, 8 months of that delay could be seen as unreasonable and the claimant’s appeal was allowed.
[2013] EWCA 1378 12/11/2013
Stephen Knafler QC & Mark Symes

R (AA) v Secretary of State for the Home Department (2013)
Whether the detention of a child wrongly treated by the Secretary of State as an adult can sound in damages where the Secretary of State relied on a local authority assessment of age which is said to be lawful.
[2013] UKSC 49  10/7/2013
Stephen Knafler QC & Shu Shin Luh

Pacha Khan Durani v Sectretary of State for the Home Department (2013)
A local authority had not complied with the correct age assessments on a foreign national as required by R (B) v Merton London Borough Council [2003] EWHC 1689 (Admin). The detention of this unaccompanied minor had been unlawful.
[2013] EWHC 284 (Admin) 19/2/2013
Shu Shin Luh

R (on the application of HA (Nigeria) v Secretary of State for the Home Department (2012)
The claimant’s immigration detention during two periods in 2010 and the policy introduced on 26 August 2010 in relation to the detention of people with mental illness had been unlawful.
[2012] EWHC 979 (Admin)
Stephanie Harrison

R (on the application of Amin Sino) v Secretary of State for the Home Department (2011) (no link available)
Successfully brought a judicial review challenge to the lawfulness of the Defendant’s decision to detain Amin Sino pending deportation. The High Court, in what is thought to be one of the longest periods of immigration detention, ruled that the entire detention, for 4 years 11 months, was unlawful from the outset. Judgment was strikingly critical of the Secretary of State.
[2011] EWHC 2249 (Admin) 25/8/2011
Stephanie Harrison

NXT & others v Secretary of State for the Home Department (2011)
The case involved a mother who was held in immigration detention after serving a criminal sentence and the failure to take into account the welfare of her children who were variously placed in the community.
[2011] EWHC 969 (Admin) 15/4/2011
Nadine Finch, Kathryn Cronin & Stephanie Harrison

AO (Iraq) v Secretary of State for the Home Department (2010)
Achieved damages for unlawful detention for the Claimant in an important test case about the treatment of Iraqi nationals in the context of the failure of the Home Office to follow lawful detention policies; a lead case on alternative remedies and unlawful detention.
[2010] EWCA Civ 1637 30/11/2011
Mark Symes

Anam v Secretary of State for the Home Department (2010)
Concerned the legality of detention under the Immigration Act 1971, with particular reference to the failure of the Secretary of State to apply his own policy on the detention of the mentally ill.
[2010] EWCA Civ 1140 19/10/10. Reported at (2011) ACD 14.
Ian MacDonald QC & Sadat Sayeed

Muuse v Secretary of State for the Home Department (2010)
Although the Judge applied the wrong test for misfeasance in public office his award of exemplary damages was upheld. It had not been necessary to show reckless indifference as to the illegality of his actions, or high-handed or similar conduct. The Secretary of State’s detention of Mr Muuse had been an outrageous breach of the law.
[2010] EWCA Civ 453 27/4/2010. Reported at Times, 10 May 2010
Stephen Knafler QC

Saadi and others v SSHD (2008)
Article 5 ECHR legality of detention of asylum seekers at Oakington Reception Centre
ECHR Application No. 13229/03 Grand Chamber Judgment 29/1/08. Reported at [2008] INLR 436.
Rick Scannell and Duran Seddon

R (on the app. of Bashir) v Secretary of State for the Home Department (2007)
Continued detention of person awaiting deportation was unlawful now that there was no prospect of enforced removal and only voluntary removal could be considered.
[2007] EWHC 3017 (Admin) 30/11/2007.
David Jones

SSHD v JJ & ors (2006)
Restrictive control orders and Article 5 ECHR
[2006] EWCA Civ 1141 1/8/06. Reported at (2006) 3 WLR 866
Ian MacDonald QC, Ronan Toal, Stephanie Harrison

R (on the app. of D) v SSHD (2006)
Unlawful detention of minors
[2006] EWHC Admin 980 22/5/06
Stephanie Harrison

ID & Others v Home Office (2005)
Intervened on behalf of Bail for Immigration Detainees and the Immigration Law Practitioners Association in order to raise concerns about the detention of children in immigration removal centres and consequent breaches of the UN Convention on the Rights of the Child.
[2005] EWCA Civ 38 27/1/05. Reported at (2006) 1 WLR 1003
Nadine Finch

A v SSHD (2004)
Internment of foreign nationals. Articles 14 and 5 ECHR
[2004] UKHL 56 16/12/04. Reported at [2005) UKHRR 175
Stephanie Harrison

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