Immigration Solicitors

A British citizen who had been detained by the Secretary of State for the Home Department (SSHD) for 42 days under Immigration Act 1971 powers has secured damages for his unlawful detention.

The claimant was detained for immigration purposes following the completion of his criminal sentence. The claimant was detained for 42 days even though he informed the UKBA that he was a British citizen immediately after his detention under immigration powers. He informed the UKBA that he had a British passport and provided the UKBA with a copy of his UK birth certificate.

The claimant’s skin colour is black. We argued that there was no basis for doubting the claimant’s nationality and the only matter that could conceivably have been the basis for detaining the claimant under immigration powers was the fact that he is black.

We submitted that this was a breach of the Race Relations Act 1976. This is because he was treated differently on the basis of his membership of a racial group, namely those with black skin. As a consequence, it is prohibited discrimination (1976 Act, section 19B(1)).

Further, we submitted that the SSHD had been in breach of Article 14 ECHR. There had been differential treatment in the claimant’s case as a consequence of his colour. That is differential treatment on a ground that is expressly prohibited by Article 14. The sensitivity attached to racial discrimination means that discrimination on the basis of colour can never be justified.

Upon consideration of the disclosed file relating to the claimant there was no reference to any true consideration or progress being made by the SSHD during the course of the detention with regard to checking the details provided to establish the claimed nationality. The SSHD’s misconduct was a failure to adequately review the claimant’s detention and importantly the ongoing failure to check the details which the claimant provided to establish his nationality.

The claimant instructed us following his release to pursue a damages claim for unlawful detention. The claim was issued at West London County Court in March 2011. SSHD agreed to settle the claim at £6,500 in September 2011 and agreed to pay the claimant’s legal costs.

If you would like advice on unlawful detention or believe that you may have been detained unlawfully by the SSHD, please get in contact with Ms Seher Toguz or a member of the Public Law team by calling 020 7923 8549 or 020 7923 4020.