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20 May 2020 / Tori Adams , Killian Moran
Issue: 7887 / Categories: Features , Human rights
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Centre of detention

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Tori Adams & Killian Moran discuss claims of unlawful detention and the impact of COVID-19 lockdown measures
  • Unlawful detention claims: nothing new.
  • Unlawful detention generally: principles of lawfulness.
  • Unlawful detention and COVID-19: the current climate.
  • Important principles of the tort of false imprisonment: human rights legislation.

Unlawful detention claims are nothing new within the jurisdiction of England and Wales, especially in an immigration context, and the law in relation to such claims is well-established and clear. It has long been commonplace that these cases settle before going to court, with the Home Office spending thousands to rectify administrative and legal errors which have led to the continued unlawful detention of immigrants. However, with recent restrictions brought about by COVID-19 we believe that the Home Office, and the courts, should consider what more can be done to reduce the number of people detained under immigration powers. Failing to do so could result in significant periods for which detention is unlawful.

Unlawful detention generally

Immigration practitioners and civil litigators working

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