‘In addition to challenging the role of the European Court of Human Rights in immigration issues, the current Secretary of State for the Home Department (“SSHD”) has proposed limits to the domestic judiciary’s role as regards immigration decisions. Despite this, the judiciary’s role overseeing the SSHD’s decisions in regard to detention of migrants remains significant. A recent case suggests that when the SSHD makes detention decisions, in certain cases she is under a more onerous duty of inquiry than previously thought. This highlights the extent to which the court’s oversight on detention decisions remains significant, even as its powers on immigration generally are being challenged. The case, R (AH and IS) v SSHD [2025] EWHC 3269 (Admin) (“AH”), clarifies the scope of the SSHD’s Tameside duty of inquiry when making the decision to detain individuals under immigration powers where there is prima facie evidence they have severe mental health issues.’
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UK Constitutional Law Association, 19th January 2026
Source: ukconstitutionallaw.org