At a Glance
- Claim: false imprisonment against the Home Office
- Detention: six months, from January 2018 to July 2018, after attending a routine reporting appointment
- Argument: a history of complying with reporting conditions and a low flight risk classification meant alternatives to detention should have been considered
- Outcome: the claim settled for £60,000, avoiding both a Case and Costs Management Conference (CCMC) and a full contested trial
Background:
The Claimant lawfully entered the UK in December 2001 on a six-month visitor visa. After the expiry of this visa he stayed in the UK, which led to the detentions on three separate occasions, in 2008, then 2015, and in 2018.
The present claim concerns the third and final period of detention.
In January 2018, just two days after he submitted further legal arguments setting out why his removal from the UK would be unlawful, he was taken into detention when he turned up for a routine reporting appointment. His detention lasted for 6 months, finishing in July 2018.
In a span of these 6 months, the Claimant raised an asylum claim, made a formal allegation that he had been a victim of torture (known as a “Rule 35” report), and was assessed as an “Adult at Risk.” He brought a legal challenge (Judicial Review) against the rejection of his case. Both his asylum application and his human rights claim were rejected. In order to release him, the Claimant’s legal representatives relied on these facts, and on the fact that, for certain periods, the Home Office could not remove him at all because it lacked the necessary travel documents.
Issue:
It was argued, taking into account all of these circumstances, history of complying with reporting conditions, and his classification as a low flight risk, that The Home Office had no proper basis for continuing to detain him, and should instead have considered alternatives such as reporting conditions.
After his release in July 2018, following a review panel’s agreement that his continued detention could no longer be justified he filed a claim alleging false imprisonment.
Compensation:
Outcome:
Frequently Asked Questions
Can I claim compensation if the Home Office detained me for months?
Can detention be unlawful if I complied with my reporting conditions?
Can I still claim for unlawful detention if my asylum claim was refused?
What damages can be claimed for unlawful immigration detention?
Think your detention may have been unlawful?
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