Duncan Lewis secures £70,000 damages after High Court finds Home Office detention unlawful (26 August 2026)

Duncan Lewis Solicitors has secured £70,000 in damages for a client who was unlawfully detained by the Home Office under immigration powers. The High Court found that the claimant’s continued detention was maintained for an improper purpose, rather than for the legitimate purpose of facilitating his removal from the UK.

Background

The claimant was detained by the Home Office under immigration powers while criminal proceedings against him were ongoing.

During his detention, the claimant repeatedly indicated that he wished to return voluntarily to his home country. Despite this, the Home Office continued to detain him, relying in part on the existence of ongoing Crown Court proceedings.

Duncan Lewis Solicitors challenged the lawfulness of the claimant’s detention by way of judicial review proceedings.

The claim argued that the Secretary of State for the Home Department (SSHD) had used immigration detention powers for an improper purpose. Rather than detention being maintained for the purposes of removal, it was being used, in effect, to support or facilitate the ongoing criminal proceedings.

High Court finds detention was unlawful

The High Court found that the claimant’s detention was unlawful because immigration detention powers had been used for an improper purpose.

Immigration detention is subject to important legal safeguards and must be exercised for a lawful immigration purpose. The existence of separate criminal proceedings does not, in itself, give the Home Office an unrestricted power to continue detaining an individual under immigration powers.

The Court recognised that the Crown Court has its own powers to manage and protect the integrity of criminal proceedings. The SSHD could not lawfully use immigration detention as a means of assisting the criminal justice process where the detention was not properly justified for immigration purposes.

The judgment therefore reinforces the fundamental principle that immigration detention powers must be exercised lawfully and for the purpose for which Parliament has granted those powers.

£70,000 damages awarded

Following the finding that the claimant had been unlawfully detained, £70,000 in damages was secured on his behalf.

The outcome highlights the potential consequences where immigration detention powers are exercised unlawfully and demonstrates the importance of obtaining independent legal advice where an individual believes their detention is not properly justified.

Significance

The case provides an important reminder that the Home Office must act within the limits of its statutory immigration powers.

Where a person is detained under immigration powers, the lawfulness of that detention may depend on a number of factors, including the purpose for which detention is being maintained, the prospects of removal and whether continued detention remains justified.

The fact that a person is also involved in criminal proceedings does not automatically make continued immigration detention lawful. Where immigration detention is being used to achieve an unrelated objective, there may be grounds to challenge the detention through judicial review proceedings and seek damages for unlawful detention.

Duncan Lewis Solicitors’ representation

The claimant was represented by Halima Safa, solicitor and supervisor in the Immigration department at Duncan Lewis Solicitors, instructing Alex Schymyck of Garden Court Chambers as counsel.

About Halima Safa – Lead Solicitor

Halima Safa is a solicitor and supervisor in the Immigration department at Duncan Lewis Solicitors. She represents asylum seekers, victims of human trafficking and modern slavery, and individuals with complex circumstances, including severe mental health conditions.

Halima’s current practice predominantly focuses on unlawful detention and false imprisonment claims. She regularly act in urgent interim relief applications to secure the immediate release of clients from unlawful immigration detention. These cases often involve acute vulnerability, deteriorating mental health, or imminent risk of harm, requiring swift, strategic action.

Advice on unlawful immigration detention

If you or a family member has been detained under immigration powers and you believe that the detention is unlawful, specialist legal advice should be obtained as soon as possible.

Duncan Lewis Solicitors’ Immigration team advises and represents individuals in challenges involving immigration detention, judicial review and claims arising from unlawful detention.

To speak to our Immigration Team, call us on 033 3772 0409 or click here to submit an online enquiry.