‘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

‘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

‘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

‘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

‘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

‘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

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

‘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

‘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

‘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

‘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

‘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

‘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

‘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

‘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

‘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