Refugee held illegally after Home Office refused to believe he was 16 – The Guardian

‘Call for investigation into case of Syrian boy who was locked up for almost a month despite having documents proving identity.’

Full story

The Guardian, 4th May 2016

Source: www.guardian.co.uk

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Regina (Sino) v Secretary of State for the Home Department – WLR Daily

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

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Government defeated again in Lords over child refugees – BBC News

‘The government has been defeated again in the House of Lords over calls to take in child refugees from Europe.’

Full story

BBC News, 26th April 2016

Source: www.bbc.co.uk

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Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement

‘President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from “multiple frailties and shortcomings” and that the two witnesses produced by the Home Office were unimpressive. In short, the Home Office failed by a significant margin to prove the alleged fraud.’

Full story

Free Movement, 25th April 2016

Source: www.freemovement.org.uk

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Border security: Guards ‘lack power to stop returning jihadis’ – Daily Telegraph

Posted April 22nd, 2016 in detention, immigration, news, terrorism, whistleblowers by tracey

‘British border guards are virtually powerless to stop and detain Britons they suspect of returning from jihad or terrorism training, a whistle-blower has disclosed. UK Border Force guards have “zero discretion” to detain and interview travellers trying to re-enter Britain if they hold a UK passport and have not been “flagged” by police or security services.’

Full story

Daily Telegraph, 21st April 2016

Source: www.telegraph.co.uk

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New time limit planned for pregnant women in detention – Home Office

Posted April 21st, 2016 in asylum, bills, detention, immigration, pregnancy, press releases, time limits, women by tracey

‘The Home Secretary has revealed plans to place a 72-hour time limit on the detention of pregnant women.’

Full press release

Home Office, 18th April 2016

Source: www.gov.uk/home-office

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Payments to wrongly held detainees top £4m each year – BBC News

Posted April 20th, 2016 in compensation, detention, freedom of information, immigration, news by sally

‘The government is paying more than £4m each year in compensation to people who were held unlawfully in immigration detention centres, figures show.’

Full story

BBC News, 20th April 2016

Source: www.bbc.co.uk

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Theresa May imposes 72-hour limit on detention of pregnant asylum seekers – The Guardian

Posted April 19th, 2016 in asylum, detention, immigration, news, pregnancy, time limits, women by sally

‘Campaigners have criticised as disappointing the home secretary’s plan to place a 72-hour limit on the detention of pregnant women held at immigration detention centres.’

Full story

The Guardian, 18th April 2016

Source: www.guardian.co.uk

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Theresa May to put 72-hour limit on detention of pregnant asylum seekers – The Guardian

Posted April 18th, 2016 in asylum, bills, deportation, detention, immigration, news, pregnancy, time limits by sally

‘Theresa May will announce plans to place a 72-hour time limit on the detention of pregnant women at immigration centres after the House of Lords voted in favour of an all-out ban.’

Full story

The Guardian, 17th April 2016

Source: www.guardian.co.uk

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The lawyer who takes the cases no one wants – The Guardian

Posted April 14th, 2016 in bills, deportation, detention, immigration, law firms, legal aid, news, solicitors by sally

‘It has never been easy to win as an immigration lawyer – but now the government is trying to make it impossible.’

Full story

The Guardian, 14th April 2016

Source: www.guardian.co.uk

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Suicide attempts at UK immigration removal centres at all-time high – The Guardian

Posted April 5th, 2016 in deportation, detention, immigration, news, reports, statistics, suicide by sally

‘The number of suicide attempts in immigration removal centres is at an all-time high, averaging more than one a day, according to official figures.’

Full story

The Guardian, 4th April 2016

Source: www.guardian.co.uk

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Does Art 5 entail a right to legal representation when facing prison for contempt of court? – UK Human Rights Blog

‘The European Court of Human Rights has held that the detention of an individual following his breach of a civil contact order, where he had no legal representation, did not violate his rights under Article 5, ECHR (Right to Liberty and Security of Person). However, the decision not to provide compensation to the individual following a failure to provide him with a lawyer during domestic proceedings resulted in a violation of Article 6 (Right to a Fair Trial).’

Full story

UK Human Rights Blog, 30th March 2016

Source: www.ukhumanrightsblog.com

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Regina v Roberts (Mark) and others- WLR Daily

Regina v Roberts (Mark) and others [2016] EWCA Crim 71

‘In each of the 13 applications before the court, the applicants applied for an extension of time in which to apply for leave to appeal against sentences of imprisonment or detention for public protection (“IPP”)), imposed between 2005 and 2008 under the Criminal Justice Act 2003. Before the sentence of IPP was amended by the Criminal Justice and Immigration Act 2008, the court was required to make the assumption that an offender was dangerous if he had been convicted on an earlier occasion of a specified offence, unless it was unreasonable to do so. Where he was found to be dangerous, and over 18, the court was required to pass a sentence of IPP or life imprisonment; the 2003 Act removed all discretion from the court once it was found that the offender was dangerous. All the applicants had either been detained in custody long after the expiry of the minimum term or had been recalled for breach of licence. The applicants submitted (1) that whatever might have been the position at the time the sentences of IPP were passed, the Court of Appeal had power under section 11 of the Criminal Appeal Act 1968 to pass sentences that, in the light of what had happened over the intervening years, now would be the proper sentence; (2) the Court of Appeal should reconsider the assessments made by sentencing judges in the light of R v Lang [2005] EWCA Crim 2864; [2006] 1 WLR 2509, and (3) a time could and had been reached when the length of the imprisonment was so excessive and disproportionate compared to the index criminal offence that it could amount to inhuman treatment under article 3 or arbitrary detention under article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. That was because the detention no longer had any meaningful link to the index offence. A much delayed review of a sentencing decision could therefore be a mechanism the court could employ to avoid a breach of those Convention Rights. As the period now served by each of the applicants was so much longer than any conceivable determinate sentence would have required, the continued detention amounted to preventative detention and was therefore arbitrary. ‘

WLR Daily, 18th March 2016

Source: www.iclr.co.uk

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Family member of EU national awarded £136,000 damages against Home Office – Free Movement

‘A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inaccurate and misleading” submissions to previous judges on multiple occasions and the damages include not just compensatory damages for lost earnings and distress but also special damages, aggravated damages and exemplary damages.’

Full story

Free Movement, 30th March 2016

Source: www.freemovement.org.uk

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Violent Colombian criminal entitled to compensation for unlawful detention – Daily Telegraph

Posted March 18th, 2016 in assault, blackmail, compensation, deportation, detention, kidnapping, news by tracey

‘A Colombian national certified as a danger to the public and convicted of crimes including blackmail, kidnapping and assault causing bodily harm is entitled to general damages for unlawful detention, the Court of Appeal has confirmed.
But appeal judges reduced the period for which Isaias Gaviria-Manrique is entitled to an award.’

Full story

Daily Telegraph, 17th March 2016

Source: www.telegraph.co.uk

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Prisons inspector calls for time limit on immigration detention – The Guardian

Posted March 1st, 2016 in detention, immigration, news, prisons by sally

‘The new chief inspector of prisons has backed calls for a limit on how long people can be held in immigration removal centres after finding one detainee held for more than five years.’

Full story

The Guardian, 1st March 2016

Source: www.guardian.co.uk

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Freedom, Asylum Seekers, and Two Lots of European Human Rights – UK Human Rights Blog

Posted February 18th, 2016 in asylum, deportation, detention, EC law, human rights, news by sally

‘In this post I will set out the facts, give a quick refresher of the relationship between the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union (Charter). I will conclude with an overview of the decision itself.’

Full story

UK Human Rights Blog, 17th February 2016

Source: www.ukhumanrightsblog.com

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Restricting the use of police cells for those experiencing a mental health crisis – Home Office

Posted February 12th, 2016 in detention, mental health, news, police by sally

‘Banning the use of police cells as a place of safety for under 18s and ensuring they are only used for adults in exceptional circumstances’

Full story

Home Office, 8th February 2016

Source: www.gov.uk/home-office

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Youth jails should be replaced by secure schools, finds review – The Guardian

Posted February 9th, 2016 in detention, education, news, reports, secure training centres, young offenders by sally

‘The notorious Medway youth jail and other privately run secure training centres and state-run young offender institutions should be replaced by a new network of small “secure schools”, according to the findings of an official review set up by the justice secretary, Michael Gove.’

Full story

The Guardian, 9th February 2016

Source: www.guardian.co.uk

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Julian Assange: UN panel calls on UK and Sweden to end ‘arbitrary detention’ and compensate WikiLeaks founder – The Independent

Posted February 5th, 2016 in detention, embassies, extradition, freedom of movement, news, United Nations by tracey

‘Julian Assange must be freed from “arbitrary detention” by the UK and Sweden, the United Nations has ruled.’

Full story

The Independent, 5th February 2016

Source: www.independent.co.uk

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