UNLAWFUL DETENTION

UNLAWFUL DETENTION

UNLAWFUL DETENTION

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.

Why 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.

How long do I have to bring a claim?

You will ordinarily have 6 years from the point the detention became unlawful.

 How would I know if I had been unlawfully detained?

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:

  • You had valid leave to remain in the country
  • You had or have Section 3C leave as you had an application pending or appeal pending
  • If you were are exempt from immigration control as you are an EEA national or a family member of an EEA national, but the Home Office detained you on the basis you had no leave under the Immigration Rules
  • You had been detained to be removed but the removal from the UK was not imminent and could not be effected within a reasonable period
  • You were or are an unaccompanied minor at the time of detention
  • You were a vulnerable person by virtue of disability, an infectious or contagious disease, pregnant, mental illness, or if you were or are a victim of torture or trafficking
  • There may be other circumstances which have resulted in your detention initially being lawful, but then became unlawful

Are damages paid on a fixed basis?

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.

How much will it cost?

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.

Copyright © 2022 ADL Barristers. All Rights Reserved

Cookie Consent

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept all cookies", you consent to the use of All the cookies.