Tag Archives: Detention

Solicitors named and shamed in another Hamid judgment

R (DVP & Ors) v The Secretary of State for the Home Department [2021] EWHC 606 (Admin) (17 March 2021) Exercising the R (Hamid) [2012] EWHC 3070 (Admin) jurisdiction, Dame Victoria Sharp PQBD and Tipples J have held that solicitors … Continue reading

Posted in Access to Justice, Article 5, Asylum, Conduct/Character, CPR, Disclosure, Hamid, Judicial Review | Tagged , , , , , | Leave a comment

Immigration bail policy is systemically unfair 

R (Humnyntskyi & Ors) v Secretary of State for the Home Department [2020] EWHC 1912 (Admin) (21 July 2020)  In these three conjoined judicial review claims, Johnson J declared that the SSHD’s policy for the provision of accommodation pursuant to … Continue reading

Posted in Article 3, Bail, Court of Appeal, Deportation, ECHR, Immigration Act 2016, Judicial Review, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal confirms £1 flat rate of pay in IRCs is lawful 

Badmus & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 657 (20 May 2020) Sir Terence Etherton MR and Hickinbottom and Simler LJJ have determined in these proceedings that the … Continue reading

Posted in Article 14, Article 4, Article 8, Court of Appeal, Deportation, Detention, ECHR, Employment, IRCs, Judicial Review, Windrush | Tagged , , , , , , | Leave a comment

MLA without death penalty assurance breaches the DPA 

Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 (25 March 2020)  This judgment his about a number of things. It is about mutual legal assistance (MLA), it is about the Islamic State in Iraq and Syria/Levant … Continue reading

Posted in Article 2, Cases, COVID-19, CPS, Crime, Deportation, ECHR, Human Rights Act, Judicial Review, Politics, Terrorism, UKSC | Tagged , , , , , , | Leave a comment

Does EIG satisfy Dublin III on detaining asylum seekers? 

In Hemmati & Ors [2018] EWCA Civ 2122, the Court of Appeal held by a majority that the detention of five asylum seekers pending removal to other Member States had been unlawful because neither the Enforcement Instructions and Guidance Chapter 55 … Continue reading

Posted in Article 5, Asylum, CFR, CJEU, Court of Appeal, Detention, ECHR, European Union, Judicial Review, Lady Hale, UKSC | Tagged , , , , , , , | Leave a comment

Case Preview: B (Algeria) v SSHD

The respondent “B” entered the UK illegally in 1993. He is probably from Algeria. But since he refuses to identify himself his real nationality is unknown. Earlier this month, the Supreme Court heard the SSHD’s appeal on the issue whether, … Continue reading

Posted in Article 3, Article 5, Bail, CFR, Court of Appeal, Deportation, Detention, Dyson JSC/MR, ECHR, Proportionality, Public Interest, SIAC, Terrorism, UKSC | Tagged , , , , , , | 2 Comments

Free Movement and Deportation: Nonjudicial Restrictions on the Right to Work are Lawful

R (Lauzikas) v Secretary of State for the Home Department [2016] EWHC 3215 (Admin) (16 December 2016) Like countless other European citizens, the Lithuanian claimant, Lauzikas, came to the UK to work the construction industry. He entered the UK in … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Detention, ECHR, Employment, European Union, Human Rights Act, Immigration Act 2014, Notices, Proportionality, UKSC, Working | Tagged , , , , , , , , , | Leave a comment

Sahrawi Asylum Seeker’s Detention Upheld

R (ML (Morocco)) v SSHD [2016] EWHC 2177 (Admin) (31 August 2016) The Convention Relating to the Status of Stateless Persons 1954 expresses quite “profound concern” for stateless persons not protected by the Convention Relating to the Status of Refugees … Continue reading

Posted in Africa, Article 5, Asylum, Crime, Detention, Statelessness | Tagged , , , , | 1 Comment

Supreme Court on Detention, Deportation and Mental Illness

R (O) v Secretary of State for the Home Department [2016] UKSC 19 (27 April 2016) Heaven knows: Yarl’s Wood IRC – the infamous British Gulag where pregnant women and children are locked up – may even make the likes … Continue reading

Posted in Article 5, Asylum, Deportation, Detention, ECHR, European Union, Immigration Act 2016, Judicial Review, Legal Aid, Nigeria, UKSC, Yarl's Wood IRC | Tagged , , , , , , | 3 Comments

Supreme Court: EU Law Fails ‘Nuisance’ Algerian Criminal

R (Nouazli) v Secretary of State for the Home Department [2016] UKSC 16 (20 April 2016) Algeria and immigration bring to mind the image of radical Islam. For example, in a decade long deportation battle involving six Algerian men which … Continue reading

Posted in Algeria, Article 3, Article 5, CFR, Citizens Directive, CJEU, Deportation, Detention, ECHR, European Union, Immigration Act 2014, Judicial Review, Proportionality, UKSC | Tagged , , , , , , , , | 1 Comment

Case Preview: Belhaj v Straw

Belhaj and another (Respondents) v Straw and others (Appellants) UKSC 2014/0264 concerns allegations by a former opponent of Colonel Gaddafi and his wife that they were abducted and unlawfully taken to Libya in February 2004 and were both allegedly detained … Continue reading

Posted in Al-Sweady, Article 6, Cases, Detention, Disclosure, ECHR, Human Rights Act, Libya, Public Interest | Tagged , , , , , | Leave a comment

Case Preview: Rahmatullah v MoD and FCO

Nabbed by British forces in Iraq – where he was seeking work – in 2004 only to be handed over to the Americans and rendered to Bagram Airbase, Yunus Rahmatullah, a Pakistani national who grew up in the Gulf, was … Continue reading

Posted in Article 6, ECHR, FCO, Human Rights Act, Iraq, Muslims, Pakistan, Politics, Terrorism, UKSC | Tagged , , , , , , | 1 Comment

Supreme Court: Jamaica Generally Unsafe For Gay Community

R (Brown (Jamaica)) v Secretary of State for the Home Department [2015] UKSC 8 (4 March 2015) The Home Secretary’s appeal to the Supreme Court, in relation to whether Jamaica should be included on the list of states designated in … Continue reading

Posted in Article 3, Asylum, Homophobia, Judicial Review | Tagged , , , | Leave a comment

A Nice Bit Of Beer

Blackside Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2087 (Admin) (23 July 2013) The UK Border Agency (as it partially continues to call itself) is easily criticised for the way it … Continue reading

Posted in Cases, Court of Appeal, ECHR, Judicial Review, Notices, UKSC | Tagged , , , | Leave a comment

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

POCA: seizure, detention and forfeiture of cash

What do two suitcases – stuffed with £10 and £20 notes totalling £50,000 – being checked-in from London to Istanbul have in common with a submission of no case to answer and the Proceeds of Crime Act 2002 (“POCA”)? Secretary of … Continue reading

Posted in Cases, Crime, Crown Court, Heathrow, High Court, POCA, Turkey | 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

Please don’t deport Brenda Namigadde

One would have to agree with the archbishop of Canterbury Dr Williams that the killing of Ugandan gay rights’s activist David Kato, who was murdered at his home in Mukono, Kampala after having won in court against a tabloid which … Continue reading

Posted in Article 2, Article 5, Removals, Uganda, Uncategorized, Yarl's Wood IRC | Tagged , , , , | Leave a comment