Home Office may detain illegal entrant who appears to be over 18 – UK Human Rights Blog

Posted July 16th, 2013 in children, detention, immigration, law reports, news, Supreme Court by sally

“The Immigration Act 1971, Schedule 2, paragraph 16(2) (‘paragraph 16’) empowers the Home Secretary, acting through immigration officers, to detain a person if there is reasonable ground to suspect that he is liable to be removed as an illegal entrant to the United Kingdom. Section 55 of the Borders, Citizenship and Immigration Act 2009 (‘section 55’) imposes duties regarding the welfare of children on the Secretary of State and immigration officers in all immigration matters. The issue on this appeal was whether section 55 rendered the appellant’s detention for a period of 13 days unlawful, in circumstances in which the respondent acted in the mistaken but reasonable belief that the appellant was aged over 18.”

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UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com