Category: detention

‘Casual’ and ‘fragmented’ approach to welfare of immigration detainee resulted in his death – UK Human Rights Blog

Posted March 17th, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Following an Article 2 inquest into the tragic death of Prince Fosu, a vulnerable foreign national detained in an immigration removal centre, a jury has found that Mr Fosu’s death was avoidable and was caused by a number of gross failures on the part of the Home Office and various agencies to provide appropriate care in immigration detention at Harmondsworth Immigration Removal Centre.’

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UK Human Rights Blog, 16th March 2020

Source: ukhumanrightsblog.com

False imprisonment not synonymous with breach of right to liberty – UK Human Rights Blog

Posted March 11th, 2020 in appeals, detention, electronic monitoring, false imprisonment, government departments, human rights, immigration, news, Supreme Court by tracey

‘R (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department [2020] UKSC 4.In a pithy parting shot to the Home Secretary, Lady Hale has given the unanimous judgment of the Supreme Court on the question of whether a person subject to a home curfew under immigration powers had been falsely imprisoned at common law and whether that concept should now be aligned with the concept of deprivation of liberty in article 5 of the ECHR. The Court decided the case against the defendant, as did every court below (the Blog covered the Court of Appeal’s decision here). The defendant had been required to pay the claimant £4,000.’

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UK Human Rights Blog, 10th March 2020

Source: ukhumanrightsblog.com

Lincolnshire removal centre still too violent, say inspectors – The Guardian

Posted March 10th, 2020 in detention, immigration, news, self-harm, violence by tracey

‘Inspectors have discovered high levels of self-harm, violence and use of force at an immigration detention centre in Lincolnshire where one detainee had been held for more than two years.’

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The Guardian, 10th March 2020

Source: www.theguardian.com

Judge attacks S&G for “wholly unacceptable” failure – Legal Futures

Posted March 4th, 2020 in death in custody, detention, disclosure, documents, evidence, injunctions, judges, law firms, mental health, news, police, professional conduct, recusal, restraint by sally

A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.

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Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

New Judgment: R (DN (Rwanda)) (AP) v Secretary of State for the Home Department – UKSC Blog

Posted March 4th, 2020 in appeals, deportation, detention, government departments, immigration, judicial review, news, refugees, Supreme Court by sally

‘The appellant, DN, is a Rwandan national who was granted refugee status in the UK pursuant to the 1951 Refugee Convention. DN was subsequently convicted of a number of offences, the most serious of which occurred when he pleaded guilty to assisting unlawful entry of a non-EEA national in the UK. The Secretary of State for the Home Department used the powers under the Nationality, Immigration and Asylum Act 2002 to order the deportation of DN. DN’s attempt to assist unlawful immigration to a member state country was a serious offence by way of the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. The Secretary of State ordered DN’s deportation and detention pending deportation.’

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UKSC Blog, 26th February 2020

Source: ukscblog.com

‘Gross failures’ contributed to man’s death in immigration centre – The Guardian

Posted March 3rd, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Neglect and a series of gross failures by the Home Office and other agencies contributed to the death of a vulnerable Ghanaian man from hypothermia, dehydration and malnutrition, an inquest jury has found.’

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The Guardian, 2nd March 2020

Source: www.theguardian.com

Alex Schymyck: Vulnerable Detainees in Prison Illustrate the Need for Consistency as a Ground of Review – UK Constitutional Law Association

Posted February 24th, 2020 in appeals, detention, immigration, news, prisons, Supreme Court by sally

‘In R (MR (Pakistan)) v Secretary of State for Justice & Others, the High Court rejected a claim that the inequality in procedural protections available to vulnerable immigration detainees, which depend significantly on the venue of detention, is irrational. The nature of the decision, which fails to properly evaluate the reasons advanced for the difference, highlights two problems caused by the Supreme Court’s refusal to accept consistency as a ground of review in R (Gallaher Group Ltd) v The Competition and Markets Authority. Firstly, the lack of a clear framework for how irrationality should be applied creates a risk that judges accept tangential or irrelevant justifications for inconsistency. Secondly, by keeping consistency within the irrationality framework without any articulation of how separation of powers concerns fluctuate in different contexts, there is a risk of overly deferential decisions. In MR (Pakistan) both of these risks materialised with seriously deleterious consequences for immigration detainees held in prisons.’

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UK Constitutional Law Association, 24th February 2020

Source: ukconstitutionallaw.org

How People In Immigration Detention Try To Cope With Life In Limbo – Each Other

Posted February 19th, 2020 in deportation, detention, immigration, mental health, news, telecommunications by sally

‘The Home Office has received heavy criticism in recent weeks after it emerged people held in immigration detention centres were struggling to access mobile phone reception and could not reach lawyers to challenge their imminent deportation.’

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Each Other, 18th February 2020

Source: eachother.org.uk

Home Office to release information about detainees’ access to lawyers – The Guardian

Posted February 19th, 2020 in appeals, deportation, detention, government departments, immigration, legal representation, news, telecommunications by sally

‘The Home Office has agreed to release information about whether it has deported immigration detainees who did not have access to working phones to contact their lawyers.’

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The Guardian, 18th February 2020

Source: www.theguardian.com

Corona-vires: Has the Government exceeded its powers? – UK Human Rights Blog

Posted February 14th, 2020 in coronavirus, detention, government departments, health, legislation, medical treatment, news, parliament, ultra vires by sally

‘One can appreciate the desire to bypass the cumbersome mechanics of Parliament to save the country from a potentially deadly virus. But in the fullness of time, the resulting Regulations might well be held up as an excellent advertisement for Parliamentary scrutiny.’

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UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

R (Jalloh (Liberia)) v Secretary of State for the Home Department [2020] UKSC 4 – UKSC Blog

Posted February 12th, 2020 in appeals, bail, damages, detention, false imprisonment, human rights, immigration, imprisonment, interpretation, news, Supreme Court by sally

‘This appeal was about the law on damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights.’

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UKSC Blog, 12th February 2020

Source: ukscblog.com

Woman cleared of assaulting Yarl’s Wood guards during struggle – The Guardian

Posted February 12th, 2020 in assault, deportation, detention, government departments, immigration, news, restraint by sally

‘A Nigerian rape survivor who was under constant supervision at an immigration detention centre because she was at high risk of self-harm has been cleared of assaulting four guards who restrained her and tried to force her on to a charter flight.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Jamaica deportation: Home Office flight leaves UK despite court ruling – BBC News

Posted February 11th, 2020 in deportation, detention, Jamaica, news by sally

‘A Home Office flight deporting convicted offenders to Jamaica has left the UK, despite a last-minute legal challenge.’

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BBC News, 11th February 2020

Source: www.bbc.co.uk

Home Office told to act as detainees unable to contact lawyers – The Guardian

Posted February 6th, 2020 in deportation, detention, legal representation, news, telecommunications by sally

‘The Home Office has been accused of holding immigration detainees effectively incommunicado, with a lack of mobile signal preventing them from contacting lawyers or family, days before a mass deportation flight to Jamaica.’

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The Guardian, 5th February 2020

Source: www.theguardian.com

‘I wanted to forget the past – but I couldn’t’: How modern slavery victim was left in limbo for five years by Home Office – The Independent

Posted February 5th, 2020 in asylum, children, compensation, delay, detention, forced labour, government departments, immigration, mental health, news by tracey

‘He arrived in the UK nearly a decade ago after an “uncle” – the term he uses for older men of his nationality – helped him escape the violence, labour exploitation and sexual abuse he was subjected to for most of his childhood. He has since been saved from his exploiters, but faced a different challenge – the battle for protection from the Home Office.’

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The Independent, 4th February 2020

Source: www.independent.co.uk

Unlawful detention deemed even less graceful – UK Human Rights Blog

Posted February 4th, 2020 in deportation, detention, immigration, news, time limits by sally

‘In AC (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 36, the Court of Appeal gave a trenchant warning that once it ceases to be lawful to detain an individual, the ‘grace period’ allowed within which to make arrangements for release can only be a short period. Moreover, the reasons for which any such grace period is required will be be closely scrutinised by the courts.’

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UK Human Rights Blog, 4th February 2020

Source: ukhumanrightsblog.com

Family Team Under 10’s Newsletter – Winter 2020 Edition – Parklane Plowden

Posted January 9th, 2020 in child abuse, children, codes of practice, deprivation of liberty safeguards, detention, family courts, financial provision, guardianship, mental health, news, placement orders, Supreme Court by sally

‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’

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Parklane Plowden, 7th January 2020

Source: www.parklaneplowden.co.uk

10 cases that defined 2019 – UK Human Rights Blog

Posted December 20th, 2019 in appeals, asylum, benefits, birth certificates, brexit, Chagos Islands, citizenship, colonies, constitutional law, data protection, detention, EC law, equality, facial mapping, families, gender, housing, human rights, immigration, international law, investigatory powers, jurisdiction, news, parental rights, parliament, police, prerogative powers, privacy, prorogation, rent, Supreme Court, terrorism, transgender persons by tracey

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Home office admits unlawful detention of mentally ill man – Garden Court Chambers

Posted December 10th, 2019 in compensation, detention, immigration, mental health, news, post-traumatic stress disorder, time limits by sally

‘The Home Office has yet again had to concede a legal challenge to the lawfulness of prolonged immigration detention of a mentally ill and highly vulnerable man by agreeing to regularise his status and pay £100,000 in compensation in a settlement agreed by the High Court today in a test case.’

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Garden Court Chambers, 5th December 2019

Source: www.gardencourtchambers.co.uk

‘National disgrace’: Hundreds of disabled people detained in UK hospitals for more than 10 years – The Independent

Posted December 9th, 2019 in autism, detention, disability discrimination, disabled persons, hospitals, learning difficulties, news, statistics by sally

‘More than 350 people with special needs have been detained in hospitals for more than 10 years, analysis has revealed.’

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The Independent, 8th December 2019

Source: www.independent.co.uk