Where a person has been detained by the Home Office, the detention maybe unlawful. We can review such cases and advise on the merits of any application. Where applications are made it will be on a conditional fee agreements. The Government has the right to detain individuals, but that does not mean the detention is always lawful. Detention can start as being lawful but become unlawful, or it can be unlawful from the start. If the detention was unlawful or became unlawful, then an individual may be entitled to compensation. Where Immigration detention is found to be unlawful, then compensation maybe payable by the Secretary of State for the Home Department.
Although a person maybe in detention at a facility run by a private company, the law treats the Secretary of State for the Home Department as being vicariously liable for the actions of another which includes immigration detention centres run by independent parties.
You will ordinarily have 6 years from the point the detention became unlawful.
Being unlawfully detained does not mean that you are still in detention; it can be a past act which you may not be aware of. If you have been detained by the Home Office in the following circumstances then it MAY be the case detention was unlawful:
No, each case is different. There are many factors which can determine the amount payable taking into account whether the initial detention was lawful or not, whether you have contributed in some way to being detained as well as how the Secretary of State for the Home Department has behaved etc.
All unlawful detention cases are conducted on a NO WIN NO FEE basis by way of a conditional fee agreement. This means that you do not have to pay us any money up front. If your case is successful, you will only be expected to pay a contribution to our costs and this will be a percentage of the compensation which is awarded to you, but we will agree this prior to starting your case.