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Unlawful Detention - Immigration Asylum

Unlawful detention – Immigration – Claim for Damages


In some cases, the law prevents the authorities from being able to detain you while your application for asylum is being considered. It is against the law for you to be detained if:

  • you are an unaccompanied minor - a minor must either be under 18 or yet to have their age verified by an age assessment
  • you have a severe disability
  • you have an infectious or contagious disease
  • you are a woman who is 24 or more weeks pregnant
  • you suffer from a mental illness
  • you require constant medical care
  • there is evidence that you have been the victim of torture or trafficking

If any you fall into any of these categories and have been detained by the immigration authorities you may be able to claim monetary compensation from them. Our Immigration and Public Law Solicitors have extensive experience in unlawful detention cases and will ensure you are correctly treated by the UK Border Agency.

Legal aid may be available to you to pursue a claim for unlawful detention against the UK Border Agency. Our Immigration solicitors will be able to advise you on the merits of your claim, likely compensation available and whether or not you will qualify for Legal Aid. Where it is established that you do not qualify for Legal Aid our Immigration lawyers may be able to assist you on a no win no fee arrangement by entering into a conditional fee arrangement agreement. Our immigration solicitors will advise you on the rules governing the funding of your case.


Delayed asylum decision

If the immigration authorities are taking a long time to decide whether or not you are eligible for asylum, you may be entitled to compensation for being unlawfully deprived of your liberty. You may fall into this category even if you have not been in detention for the time the decision is being made. If you have been released on bail with conditions attached to it, then your liberty has been affected. Our immigration solicitors will be able to advise you on whether a claim for compensation can be made for “Delay”, amount of compensation you are likely to receive and whether or not you will qualify for Legal Aid.


For more information on this you can call our Immigration solicitors or our Immigration lawyers or you can visit our Civil Liberties section.


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