Our clients are routinely detained under immigration powers in detention centres (officially known as ‘Immigration Removal Centres’). Many of our clients are survivors of trafficking, rape and torture. There are ways in which we can help detainees obtain release and potential damages (compensation) for unlawful detention.
The three main types of unlawful detention (under immigration powers) are:
The Secretary of State may have unlawfully breached the Hardial Singh Principles if you are in detention but there is no prospect of your imminent removal because one of the following applies to you:
The Secretary of State may have detained you unlawfully acted in a way that is inconsistent with her published policy if you are particularly vulnerable to harm in detention because one of the following applies to you:
If you are in detention and one of these applies to you, you should request a medical assessment by a doctor within the healthcare unit of the centre and you should also seek legal advice to see if your ongoing detention is lawful.
The Home Office has a duty to carry out a physical and mental health examination (known as ‘Rule 34’) of every detainee within 24 hours of being brought to the detention centre. The Home Office often fails to carry out this examination. You should seek legal advice if you did not have this examination at all, or within 24 hours of arrival, or if you think your assessment was not properly done.
Our Public Law team specialises in these issues.
Toufique Hossain, Director of Public Law, ran the seminal case of Kambadzi, which established the principle that a failure to follow policy (detention reviews) can render detention unlawful. Since then, Toufique and the Public Law Team have relentlessly challenged unlawful detention policies, including: