Detention under the Immigration Acts: Law and Practice

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  • Format: Paperback
  • Copyright: 2015-03-15
  • Publisher: Oxford University Press

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The UK has some of the largest immigration detention facilities in Europe, holding as many as 3000 individuals at any point in time. Foreign nationals are held under immigration powers in a variety of circumstances including on arrival pending examination, whilst an asylum claim is considered in the Detained Fast Track, and pending administrative removal or deportation. The routine use of detention powers, particularly in relation to foreign national offenders, has increased dramatically in the years since 2006. Advising individuals detained under immigration powers is no longer a niche field. An increasing number of practitioners need access to a clear reference guide when faced with cases which touch on this issue.

Detention under the Immigration Acts: Law and Practice is the only text to provide a comprehensive and detailed account of the statutory powers underpinning immigration detention and the limitations on those powers afforded by the common law, the European Convention on Human Rights and the law of the European Union. It is an invaluable resource not only for those working predominantly in immigration but also practitioners whose work may touch on this increasingly complex area, whether from a civil or criminal perspective, as well as the judiciary and government officials with a need for clear legal guidance.

Taking a practice focused approach, the work addresses the procedural aspects of litigation challenging detention, from bail applications in the Tribunal through judicial review claims in the Administrative Court, to civil claims before the County Court and the Queen's Bench Division of the High Court. It offers unparalleled coverage of the many hundreds of domestic cases on the subject, saving practitioners valuable time in their legal research. It also examines, in more detail than has ever been done before, the case law of the European Court of Human Rights and the Court of Justice of the European Union and suggests arguments to challenge detention and seek damages that have not so far been used in domestic courts.

Written by an author team representing both claimant and government interests, key issues are considered from a neutral perspective, providing a balanced and detailed exploration of the common law and policy based principles governing the exercise of immigration detention powers.

Author Biography

Rory Dunlop, Barrister, 39 Essex Street,Graham Denholm, Barrister, 1 Pump Court

Rory Dunlop is a barrister at 39 Essex Street, specialising in immigration law. He is recommended by Chambers and Partners and Legal 500 as a specialist in immigration law. He acts both for claimants and the Government and has been instructed in many immigration detention cases, some against his co-author. He has previously worked at the Registry of the European Court of Human Rights, drafting several judgments in cases against the United Kingdom.

Graham Denholm is a barrister at 1 Pump Court specialising in public law with a focus on immigration and asylum work. He is recommended by Chambers and Partners and Legal 500 in immigration. He has specialised in immigration detention for many years, and has appeared in many of the leading cases in this area.

Lisa Giovanetti QC is a barrister at 39 Essex Street, her practice focusses on administrative and public law

Table of Contents

1. The scope of the book
2. Introduction to Part II
3. Definitions of detention
4. Disputed detention
5. Introduction to Part III
6. The Statutory Sources of the Power to Detain
7. Liability to Detention: British Nationals
8. Liability to Detention: EEA Rights Holders
9. Liability to Detention: Everyone else
10. Introduction to Part IV
11. Hardial Singh
12. Relevant Public Law Principles
13. General detention policy
14. Suitability for detention
15. Children and Families
16. Detained Fast Track
17. EU law
18. ECHR law
19. Other international law
20. Introduction to Part V
21. Location of detention
22. Conditions of detention
23. Introduction to Part VI
24. Temporary Admission, Temporary Release and Bail
25. Habeas corpus, judicial review and private law claims
26. Damages

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