Category Archives: Detention

Child Asylum Seeker’s Detention Held Unlawful

AAM (A Child) v Secretary of State for the Home Department [2012] EWHC 2567 (QB) (27 September 2012) This case has a lot of faces because the legal issues it raises are quite complex. There is a lot in the … Continue reading

Posted in Asylum, Children, Detention, Human Rights Act, Iran, s 55 BCIA, UKSC | Tagged , , , , | Leave a comment

“Secret Detention”: Assurances and Effective Verification?

XX v Secretary of State for the Home Department [2012] EWCA Civ 742  In mid June 2012, the Court of Appeal (Lord Neuberger MR, Richards and Davis LJJ) unanimously upheld the Special Immigration Appeals Commission’s (SIAC) decision that the deportation … Continue reading

Posted in Appeals, Article 3, Article 5, Article 6, Closed Evidence, Detention, Ethiopia, Terrorism | Tagged , , , | 2 Comments

Unacceptable Behaviour and Deportation – Part 1

Mahajna v Home Secretary (deportation hate speech – unacceptable behaviour) [2012] UKUT B1 (IAC)  This case was about much more than immigration. It was also about the problems of the Middle East. In fact, the Israeli–Palestinian conflict and the British authorities’ … Continue reading

Posted in Appeals, Article 10, Detention, ECHR, Israel, Palestine, Tribunals | Tagged , , , , | Leave a comment

Case Comment: Shepherd Masimba Kambadzi (FC) (Appellant) v SSHD (Respondent) [2011] UKSC 23

The summarised facts of this case are that Shepherd Masimba Kambadzi (“SMK”), a national of Zimbabwe, arrived in the United Kingdom as a visitor with 6 months’ leave to enter on 30 October 2002. Subsequently, his leave was extended until … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Detention, ECHR, Enforcement, High Court, Immigration Law, Private Prisons, Removals, UKBA, UKSC, Zimbabwe | Tagged , , , , , | Leave a comment

Case Comment: SO (imprisonment breaks continuity of residence) Nigeria [2011] UKUT 164 (IAC)

In this case, the issue before the UTIAC was whether time spent in custody is to be counted in the five-year period which an applicant requires to qualify as the family member of an EEA national in order to acquire … Continue reading

Posted in Cases, Detention, European Union, Immigration Law, Nigeria, Sedley LJ, Tribunals | Tagged , , , , | Leave a comment

Children “at the heart” of family reunions

The government has announced its plans for a more “humane approach” to family reunions where the best interests of children will remain paramount. The immigration minister’s statement in relation to ending the detention of children from last December can be … Continue reading

Posted in Article 8, Children, Detention, Families, Removals, s 55 BCIA, UKBA | Tagged , , , | Leave a comment

Detention, enforcement and removals revised

The UKBA has revised  3 chapters of thier enforcement instructions and guidance. The said chapters are: Chapter 31 – Enforcement visits Chapter 43 – Personal safety in enforcement work Chapter 61 – Arrest teams – operational procedures Apart from republishing the … Continue reading

Posted in Article 5, Detention, Tier 2, UKBA | Tagged , , , | Leave a comment

SK (Zimbabwe) v SSHD: Supreme Court’s awaited judgment

R (on the application of SK (Zimbabwe)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) was heard by the UKSC on 10 February 2010 on appeal from the Court of Appeal. In this case where the SSHD … Continue reading

Posted in Article 5, Court of Appeal, Detention, ECHR, UKSC, Zimbabwe | Tagged , , , | Leave a comment

The UKSC’s decision on immigration detention: Walumba Lumba and Kadian Mighty

While the earlier judgment of SK (Zimbabwe) (UKSC 2009/0022) is still pending (update: the UKSC’s decision in that case was handed down on 25 May 2011 and the latest post in that case is available here), the UKSC will yet again … Continue reading

Posted in Access to Justice, Detention, ECHR, Immigration Law, Private Prisons, UKBA, UKSC | Tagged , , , | Leave a comment

The UKBA and the detention of children

Detention is one of the most analysed topics in legal discourse. Detaining minors is an extraordinary step and in this country there is a very proud tradition which sets aside juvenile offenders’ trial processes in comparison to the manner and … Continue reading

Posted in Article 14, Article 3, Article 5, Article 8, Children, Dependants, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Persecution, Private Prisons, Refugee Convention, s 55 BCIA, Settlement, Spouses, UKBA | Tagged , , , , , , , | Leave a comment

UKBA names Reliance as its new remover

After the continuing saga of Jimmy Mubenga’s death and the UKBA’s subsequent moratorium on forced removals which followed it, has been announced that the Agency’s current contractor G4S will no longer be removing immigration detainees from the UK. The private … Continue reading

Posted in Article 8, Asylum, Business, Cameroon, Cases, Dependants, Detention, ECHR, Employment, G4S, Immigration Law, Immigration Rules, Persecution, Private Prisons, Refugee Convention, Settlement | Tagged , , , , , , , , , , , | Leave a comment

Why the best might prefer to leave the UK

While speaking to the Confederation of British Industry in an attempt to allay the immigration fears of the business community Prime Minister David Cameron comfortingly said to his audience: “Let me give you this assurance. As we control our borders … Continue reading

Posted in AP (Russia), Article 8, Asylum, Biometric Cards, Business, Detention, Economy, Education, Employment, Entrepreneurs, European Union, Immigration Law, Immigration Rules, Overseas Workers, PBS, Persecution, Post Study Work, Tier 1, Tier 2, UKBA Signing Centres, Uncategorized, Working | Tagged , , , , , , , , , , , , , , | Leave a comment

More evidence of degrading treatment emerges

The Jimmy Mubenga case brought to light the degrading and inhuman treatment which returnees receive at the hands of private security companies such as G4S which are involved in enforcement actions taken by the UKBA. Thereafter, the scandal has been … Continue reading

Posted in Article 8, Asylum, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Persecution, Refugee Convention, Spouses | Tagged , , , , , , | Leave a comment

Agency responds to Jimmy Mubenga’s death

Any lawyer with experience of detention centre work in the immigration field will be familiar with the term “IRC”. This acronym stands for the rather obnoxious term Immigration Removal Centre. The security company G4S is responsible for “running” these “facilities” … Continue reading

Posted in Asylum, Cases, Dependants, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Private Prisons, Refugee Convention, Settlement, UKBA | Tagged , , , , , , | Leave a comment