Category: detention

Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful – Garden Court Chambers

Posted December 4th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by sally

‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’

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Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

Posted December 4th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by tracey

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

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UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

‘I still suffer trauma’: Home Office’s unlawful detentions – case study – The Guardian

Posted November 28th, 2019 in asylum, detention, false imprisonment, news, post-traumatic stress disorder, Supreme Court, torture by sally

‘Mohamed, an asylum seeker from Sudan, tells how he has been imprisoned many times since arriving in Britain in 2012.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 – UKSC Blog

Posted November 28th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by sally

‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Home Office unlawfully imprisoned asylum seekers, supreme court rules – The Guardian

Posted November 27th, 2019 in appeals, asylum, compensation, detention, false imprisonment, government departments, immigration, news, Supreme Court by sally

‘The Home Office “falsely imprisoned” many asylum seekers who are now entitled to damages for their loss of liberty at the hands of the government, five supreme court judges have ruled.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

Jury highlight Morton Hall multiple staff failures as inquest concludes on death of immigration detainee Carlington Spencer – Garden Court Chambers

Posted November 20th, 2019 in death in custody, detention, immigration, inquests, juries, news by sally

‘The inquest into the death of Carlington Spencer, known to his family as ‘Jammy’, concluded on Friday 8 November. Carlington was an immigration detainee at Morton Hall Immigration Removal Centre.’

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Garden Court Chambers, 14th November 2019

Source: www.gardencourtchambers.co.uk

Home Secretary announces investigation into Brook House immigration removal centre will be converted into Public Inquiry – Garden Court Chambers

Posted November 20th, 2019 in detention, immigration, inquiries, news, ombudsmen by sally

‘On 5 November 2019 the Secretary of State for the Home Department, Priti Patel, announced to Parliament that the Prisons and Probations Ombudsman (PPO) investigation of Brook House immigration removal centre (IRC), set up to investigate the abuses revealed in the BBC Panorama documentary ‘Undercover: Britain’s Immigration Secrets’, has been converted to a statutory public inquiry in accordance with the Inquiries Act 2005.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk

Man died in immigration detention after staff ‘dismissed’ stroke as sign he had taken spice – The Independent

Posted November 13th, 2019 in death in custody, delay, detention, immigration, inquests, medical treatment, news, standards, statistics by sally

‘A man died in immigration detention after medical staff “dismissed” signs that he was having a stroke because they wrongly presumed that he had taken spice, an inquest has concluded.’

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The Independent, 12th November 2019

Source: www.independent.co.uk

Public inquiry launched into abuse at Brook House immigration detention centre – The Independent

Posted November 7th, 2019 in detention, immigration, inquiries, news, ombudsmen, police, professional conduct, standards by tracey

‘A public inquiry has been launched into allegations of abuse at the Brook House immigration detention centre.’

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The Independent, 6th November 2019

Source: www.independent.co.uk

Army sergeant demoted after he punched and twisted the nipples of ‘raw recruits’ to toughen them up, tribunal hears – Daily Telegraph

Posted October 11th, 2019 in appeals, armed forces, bullying, detention, disciplinary procedures, news, professional conduct by tracey

‘An army sergeant was demoted and detained for six months after punching and twisting the nipples of “raw recruits” to toughen them up, a tribunal has heard.’

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Daily Telegraph, 10th October 2019

Source: www.telegraph.co.uk

Yousef Makki: Joshua Molnar named after judge lifts ban – BBC News

Posted October 7th, 2019 in accidents, anonymity, causing death of children or vulnerable adults, detention, homicide, murder, news, offensive weapons, self-defence, young offenders by tracey

‘A teenager who stabbed his friend in the heart can be named after an order protecting his anonymity was lifted.’

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BBC News, 6th October 2019

Source: www.bbc.co.uk

Can parents agree to a 16 year old being detained? – Transparency Project

Posted October 1st, 2019 in appeals, care orders, children, Court of Protection, detention, families, human rights, Law Commission, local government, news, parental responsibility, parental rights, Supreme Court by sally

‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’

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Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

Duty of care: inadequate safety nets? – No. 5 Chambers

Posted August 29th, 2019 in detention, duty of care, hospital orders, human rights, news, self-harm, suicide by sally

‘It was recently confirmed in Fernandes de Oliveira v Portugal [2019] ECHR 106 (no.78103/14, 31 January 2019) that a state’s positive obligation under Article 2 of the European Convention on Human Rights (ECHR) applies not only to compulsorily detained patients, but also to those in hospital. However, there was a disappointing caveat. The European Court on Human Rights (ECtHR) concluded that “a stricter standard of scrutiny” might be applied to patients detained “involuntarily” following judicial order (para.124). Indeed, no Article 2 violation was found. In a partly dissenting Minority Opinion (MO), Portugal’s Judge Pinto De Albuquerque and Judge Harutyunyan describe the decision scathingly as “the result of a creative exercise of judicial adjudication for an imagined country” (MO, para.16). This article analyses the case law the ECtHR failed to apply, contends that the decision is plainly wrong, and argues that no differentiation between voluntary and involuntary patients can be justified.’

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No. 5 Chambers, 6th August 2019

Source: www.no5.com

Detention of Muslims at UK ports and airports ‘structural Islamophobia’ – The Guardian

Posted August 22nd, 2019 in detention, Islam, news, religious discrimination, terrorism by sally

‘Muslims are being detained at ports and airports for up to six hours by law enforcement using controversial counter-terrorism powers so disproportionately that the practice has become Islamophobic, according to human rights group Cage.’

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The Guardian, 20th August 2019

Source: www.theguardian.com

Woman detained unlawfully who suffered miscarriage granted £50,000 payout – Daily Telegraph

Posted August 20th, 2019 in compensation, detention, immigration, news, pregnancy, trafficking in human beings by sally

‘A woman who suffered a miscarriage while unlawfully detained has been granted a £50,000 payout from the Home Office.’

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Daily Telegraph, 19th August 2019

Source: www.telegraph.co.uk

Immigration centre abuse inquiry must be held in public, court says – The Guardian

Posted August 9th, 2019 in appeals, closed material, detention, government departments, immigration, inquiries, news, violence by tracey

‘The Court of Appeal has rejected an application by the Home Office to conduct an inquiry into claims of systemic abuse at an immigration detention centre in private, rejecting the claims that public hearings would be prohibitively expensive.’

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The Guardian, 8th August 2019

Source: www.theguardian.com

Police must offer women detainees period products under new rules – BBC News

Posted July 24th, 2019 in codes of practice, detention, equality, health, human rights, news, ombudsmen, police, women by sally

‘Police in England and Wales must offer female detainees free sanitary products in case they are on their period while in custody, under new legislation.’

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BBC News, 23rd July 2019

Source: www.bbc.co.uk

Home Office accused of covering up plight of hundreds of trafficking victims wrongly detained in immigration centres – The Independent

Posted July 17th, 2019 in detention, forced labour, freedom of information, government departments, immigration, news, trafficking in human beings by tracey

‘The Home Office has been accused of covering up the plight of hundreds of modern slavery victims after it was forced to disclose data it previously claimed to have “no record” of.’

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The Independent, 16th July 2019

Source: www.independent.co.uk

Yarl’s Wood: Trafficking victims ‘detained for months’ – BBC News

Posted July 9th, 2019 in detention, forced labour, news, reports, trafficking in human beings by sally

‘The Home Office is “refusing to protect” victims of modern slavery and human trafficking, a report has said.’

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BBC News, 9th July 2019

Source: www.bbc.co.uk

Home Office payout for trafficked man detained in mistaken identity mix-up – The Guardian

Posted June 27th, 2019 in compensation, deportation, detention, false imprisonment, forced labour, immigration, news, trafficking in human beings by tracey

‘Vietnamese national was illegally detained for five months after Home Office refused to accept he was not someone else.’

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The Guardian, 27th July 2019

Source: www.theguardian.com