Immigration Detention

Cases

Notable cases in which our members were instructed include:

R (FI) v. SSHD [2014] [2014] EWCA Civ 1272 concerning the legislative and administrative framework governing the use of control and restraint techniques on persons being removed by air from the United Kingdom.

R (Detention Action) v SSHD [2014] EWHC 2245 (Admin); [2014] EWHC 2525 (Admin); [2014] EWCA Civ 1270 holding that the operation of the ‘Detained Fast Track’ process was unlawful because of the unacceptable risk of unfairness arising from its operation.

R (Das) v SSHD (Mind and Medical Justice intervening) [2014] EWCA Civ 45; [2014] 1 W.L.R. 3538 on the correct interpretation of the Home Office’s policy on the detention of those suffering from serious mental illness.

Joland Giwa v SSHD [2013] EWHC 3189 (Admin). Reasonableness of ongoing detention of foreign national said to be a gang leader awaiting deportation.  Held to be reasonable with warning that it would become unlawful within a few months if still detained.

R (Muqtaar) v SSHD [2012] EWCA Civ 1270, [2013] 1 WLR 649. Primarily unsuccessful appeal concerning long-term administrative detention of a foreign national offender. Appellant defeated argument by SSHD that a statutory ouster absolved the SSHD of liability in any event.  Application now pending in ECtHR, communicated by the ECtHR on 15/10/2014.

Hussein II v UK, Application No. 19352/12. First case communicated by ECtHR to challenge systemic defects in UK’s detention regime for immigrants. Pending before ECtHR

Lumba and Mighty v SSHD [2011] UKSC 12, [2011] 2 WLR (successful Supreme Court challenge to detention pursuant to an unlawful hidden policy, overturning line of authority which had held causation to be a defence to false imprisonment.

R (Kambadzi) v SSHD [2011] UKSC 23, [2011] 1 WLR 1299 in which the Supreme Court held that a failure to carry out detention reviews, without more, rendered detention unlawful.

R (Abdi) v SSHD [2011] EWCA Civ 242; Times, March 11, 2011 (successful challenge to the detention of a former foreign national prisoner, guidance given on the relevance of time spent on appeal).

R (Suppiah and Others) v SSHD [2011] EWHC 2 (Admin) (test challenge to the Home Office’s policy and practice concerning detention of families with children;  partially successful).  

R (MD (Angola) & Others) v SSHD [2011] EWCA Civ 1238, which challenged the detention and treatment of immigration detainees who were HIV positive.

R (U) v SIAC [2010] EWHC 813 Judicial review of whether SIAC's decision to revoke the U's bail had unlawfully applied a 'precautionary approach' to the question of whether to grant bail and had been influenced by closed material

R (U) v. Special Immigration Appeals Commission [2010] 2 W.L.R. 1012, DC:  The Divisional Court held SIAC was not, by virtue of its status as a superior court of record, immune from judicial review by the High Court; SIAC's decision to revoke the U's bail solely on the basis of closed evidence violated his rights under Article 5(4) ECHR and therefore fell to be quashed

R (S and Others) v SSHD [2007] EWHC 1654 (Admin) (successful challenge to the immigration detention of a family with children).

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