Detention & False Imprisonment in Immigration & Asylum Cases - What’s New?

Introduction

The Home Office have the power to detain anyone for the purposes of immigration control.

The reasons for detention are generally to effect an individual’s removal and/or deportation. Other reasons include to establish a person’s identity or where there is reason to believe that the person will fail to comply with any conditions attached if they were released.

The ‘Hardial Singh’ principles provide a set of checks and balances on the limits to detention.

On 28 September 2023, section 12 of the Illegal Migration Act 2023 (IMA) came into force.

Presented by immigration expert Samina Iqbal, this webinar will explore the changes the IMA has made to the four established Hardial Singh principles and the impact this has had on the Home Secretary’s detention powers.

What You Will Learn

This webinar will cover the following:

• An overview of statutory framework on detention
• Limits on detention and the impact of the IMA 2023 on these
• Home Office Policies and Rules
• Medical assessments in detention
• How to challenge detention - bail, judicial review, or a civil claim?
• Practical tips
• Relevant case-law on quantum

This webinar was recorded on 2nd April 2024