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Immigration and Asylum

  • Unlawful to remove individuals from the UK without access to a solicitor

R, on the application of Medical Justice v Secretary of State for the Home Department [2012] EWCA Civ 1710

A Government policy which permits, in exceptional circumstances, the removal of individuals whose claims to enter or remain in the UK have been unsuccessful without giving them the standard 72 hours’ notice, has been ruled by the Court of Appeal to be unlawful.

The policy was intended to be used when it was deemed necessary to expedite the process, for example to maintain order in immigration centres.  The court found it unlawful because the policy failed to include provision for ensuring that such individuals would have access to a solicitor.

Read the judgment here and a full analysis of the case by Rosalind English writing on the UKHRB here.

  •  £2 million paid out by Home Office to 40 child asylum seekers who were detained as adults

A Freedom of Information request submitted by the Guardian has revealed that the Home Office has paid out almost £2 million in compensation and legal costs to 40 child asylum seekers who were detained as adults.

The pay-out followed a case which was settled out of court in 2010.  At that time the Home Office accepted that the policy was unlawful and the policy was changed.  However, the Guardian alleges to have been provided with evidence from the Refugee Council that the practice of detaining child asylum seekers as adults is still taking place.  The Guardian article also states that this is the first case of its kind and is the biggest payout for an immigration detention case of its kind.

Read the full article here.

  • Role of children must be considered in automatic deportation cases

Sanade, Harrison & Walker v Secretary of State for the Home Department [2012] UKUT 00048 (IAC)

The Upper Tribunal has ruled that the failure of the Lower Tribunal to take into account the interests of the British national child of an individual under consideration for deportation was unlawful.  This was on the basis that considerations under ECHR Art.8 provide an exception to automatic deportation rules.

Read a full analysis on the UKHRB here.

  • Two recent ECtHR judgments on less stringent measures in immigration detention

A post on the Strasbourg Observers Blog analyses two recent European Court of Human Rights’ judgments and discusses whether the test of detention as ‘a measure of last resort’ is entering the Court’s immigration and detention case-law.  It goes on to consider whether this may signify a departure from the approach in Saadi v UK[2008], in which the Court refrained from applying the ‘less stringent measures’ test.

Read the article in full here.

Children's Rights, Deportation, Immigration & Asylum