14th September 2020

Online Seminar via Zoom

Online Seminar via Zoom

Schedule 10 bail accommodation, detention and destitution challenges and the Humnyntskyi judgment 

Monday 14th September 2020 | 3pm

Cost: Free

The Home Office’s policy and practice concerning bail accommodation to foreign national offenders (FNOs) under paragraph 9, Schedule 10 of the Immigration Act 2016 have been declared unlawful in R (on the application of Humnyntskyi & Ors) v Secretary of State for the Home Department [2020] EWHC 1912 (Admin). Humnyntskyi holds the Home Office’s policy and practice to be systemically unfair and to unlawfully fetter the Home Secretary’s discretion, and that two of the claimants were unlawfully detained while the third suffered a breach of his Article 3 ECHR rights owing to destitution.

The judgment is likely to have significant ramifications for:

(1) FNOs currently or previously detained to whom the unlawful policy or practice is or was applied;

(2) Homeless FNOs in the community;

(3) Other categories of immigrant potentially eligible for, but denied, Schedule 10 accommodation;

(4) Destitution and detention challenges more broadly; and

(5) Challenges brought on grounds of systemic unfairness.

Doughty Street counsel and two of the solicitors for the successful claimants will discuss the judgment and how it can most productively be deployed.

This webinar will be important for practitioners and NGOs working in the fields of immigration detention; support and accommodation for immigrants; and to those bringing detention and destitution challenges and systemic fairness challenges more generally.

This webinar is for legal practitioners and NGOs acting on behalf of applicants.

The speakers are:

Laura Dubinsky, Doughty Street Chambers (lead counsel for the Claimants)

Nina Rathbone Pullen, Partner of Wilson LLP Solicitors (solicitor for Claimant A)

Mark Hylands, Deighton Peirce Glynn Solicitors (solicitor for Mr. Humnyntskyi)

Donnchadh Greene, Doughty Street Chambers

Chairing will be Tublu Mukherjee, Doughty Street Chambers

Recording only available on request.