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LOCATION: Home » Detention & Deportation

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UK Supreme Court Considers Deportation (Again)
By Alex Papasotiriou - Immigration Barrister

In HA (Iraq), RA (Iraq) and AA (Nigeria) v Secretary of State for the Home Department [2022] UKSC 22, the Supreme Court was called to consider one more time the statutory provisions of section 117C of the Nationality,...

 Immigration and Asylum Act 2002, in three conjoined appeals. The First-tier Tribunal allowed the appeal against the deportation of each appellant. The Upper Tribunal set aside each decision and remade...

Court of Appeal Revisits “Unduly Harsh” Test
By Richmond Chambers -

In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly...

 be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq). Factual Background of MI (Pakistan) v SSHD Muhammad Imran, a Pakistani national, entered the UK in September 2020 as the spouse of a...

Parliament’s Public Accounts Committee Report - Immigration enforcement
By Alexandra Pease - Immigration Barrister

Parliament’s Public Accounts Committee published a report on  Immigration enforcement on 18 September 2020.  The report considers the work of the Home Office’s Immigration Enforcement Directorate, ...

 which has a £400 million annual spend. The report is 22 pages and can be accessed: here.  Making Decisions on ‘Anecdote, Assumption and Prejudice’ The summary points out the real and substantial concerns the...

Deportation and the ‘unduly harsh’ test
By Lucy Katko - Immigration Barrister

In HA (Iraq) v SSHD [2020] EWCA Civ 1176, the Court of Appeal has delivered a welcome clarification for partners and parents seeking to avoid deportation. The judgment softens the ‘unduly harsh’ test...

 in cases where a non-British person receives a criminal sentence of between 12 months and four years (‘medium’ cases).  A wider explanation of the law and procedure behind deportation can be found here...

Is the public interest in deporting foreign offenders a ‘fixed quality'?
By Richmond Chambers -

In this post, we consider the approach that the courts have adopted when considering the public interest in deporting foreign offenders. Section 117 of the Nationality, Immigration and Asylum Act 2002 Section 117A(1)...

 confirms that the provisions in Part 5A of the Nationality, Immigration and Asylum Act 2002 apply where a court or tribunal is: “required to determine whether a decision made under the Immigration...

Independent Monitoring Boards National Annual Report for the Immigration Detention Estate 2018
By Alexandra Pease - Immigration Barrister

The Immigration Detention Estate (IDE) has featured a great deal in the news with the recent Windrush scandal and detailed reports of the impact on people’s lives.  There has been a reported focus on the abuse...

 and vulnerability of those detained. The BBC Panorama programme had exposed ill treatment in Brook House in 2017. The Home Office accepted and responded that the events were ‘shocking’.  There were two...

Home Office faces backlash over immigration detention
By Richmond Chambers -

The Home Office has been widely criticised by various groups over immigration detention without time limits. The department has, for a long time, refused to introduce a specific time limit for immigration detention....

 The government has rejected calls and proposals to end the indefinite incarceration of UK immigrants. It argues that it would severely constrain efforts aimed at ensuring effective control of...

Varying Immigration Bail Conditions
By Richmond Chambers -

This guide is primarily for persons who have been granted immigration bail and are interested in applying to vary their immigration bail conditions. If, rather than seeking a variation of immigration bail conditions,...

 you are interested in making an application for immigration bail, please see A Short Guide to Applying for Immigration Bail. What are immigration bail conditions? When a person is granted immigration...

A Short Guide To Applying For Immigration Bail
By Richmond Chambers -

New immigration detention powers came into force on 15 January 2018, primarily contained in Schedule 10 to the Immigration Act 2016. The new framework provides for a single power to grant immigration bail, available...

 to both the Secretary of State and the First Tier Tribunal. The newly published Guidance, which also replaces all previous guidance on temporary admission, temporary release on immigration bail and...

Deportation - Part 3: Detention
By Richmond Chambers -

In the first entry in this series of blogs, we clarified what deportation is, how deportation procedures can be engaged, and what the Secretary of State (via the Home Office) can do to enforce their decision...

 to deport an individual. In the second, the avenues of challenging such a decision were examined. In this third entry, we will take a look at perhaps the most controversial aspect of deportation law in England...

Home Office 'reckless' with detainment
By Richmond Chambers -

The Home Affairs Select Committee have released a highly critical report into the detention of immigrants as managed by the Home Office. They state that the government department has a ‘reckless’ attitude...

 towards the detainment of immigrants and that this has led to people being wrongfully detained. The report found that there are issues with almost every part of the detention process and that the Home...

How UK immigration detention compares to other countries
By Richmond Chambers -

A recent news story in The Guardian highlighted just how UK immigration detention compares to detention in Europe and elsewhere in the world. It may be surprising to learn the UK is the only EU member...

 state not to place limits on the amount of time people can be kept in detention. The UK’s immigration detention system is one of the largest in Europe, although countries like Australia and the United States...
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