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FREE MOVEMENT DEPORTATION AND DETENTION UPDATE

Mentally ill man detained for 838 days awarded £100,000 compensation

By CJ McKinney on Dec 05, 2019 03:58 pm

A mentally ill Iranian man who was kept in immigration detention for 838 days in total has secured £100,000 in compensation from the Home Office. The test case concerning a man known as AKE was settled in the High Court today, according to Garden Court Chambers, whose barristers acted in the case instructed by Bhatt Murphy solicitors. Hamish Arnott of Bhatt Murphy said: It was only by luck that AKE obtained legal assistance toward the end of nearly three years of immigration detention. Without the intervention of a charity, he would have languished in detention for an even longer period, unable to access the help he desperately needed. AKE is...

Home Office fails to disclose file note vital to unlawful detention case

By Alison Harvey on Dec 05, 2019 03:30 pm

Article 2(n) of the Dublin III regulation provides: Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. When there is a significant risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the...

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