immigration bail – Free Movement
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3232Court finds that the Home Office’s imposition of a GPS tag was unlawful for over a year in the first case of its kind
https://freemovement.org.uk/court-finds-that-the-home-offices-imposition-of-a-gps-tag-was-unlawful-for-over-a-year-in-the-first-case-of-its-kind/?utm_source=rss&utm_medium=rss&utm_campaign=court-finds-that-the-home-offices-imposition-of-a-gps-tag-was-unlawful-for-over-a-year-in-the-first-case-of-its-kind
Wed, 20 Mar 2024 12:30:00 +0000https://freemovement.org.uk/?p=206032On 11 March 2024, the President and Vice-President of the Upper Tribunal (Immigration and Asylum Chamber) handed down their decision in R (Mark Nelson) v Secretary of State for the Home Department (JR-2023-001472), the first challenge to the Home Secretary’s policy of requiring people on immigration bail to be monitored 24/7 by GPS devices. You can […]]]>High Court grants bail to person detained under new Illegal Migration Act powers
https://freemovement.org.uk/high-court-grants-bail-to-person-detained-under-new-illegal-migration-act-powers/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-grants-bail-to-person-detained-under-new-illegal-migration-act-powers
Fri, 26 Jan 2024 13:00:00 +0000https://freemovement.org.uk/?p=202100The High Court has provided helpful guidance in relation to immigration detention powers post Illegal Migration Act 2023 in an interim relief decision on bail. There are two written decisions, these are IS (Bangladesh) v Secretary of State for the Home Department [2023] EWHC 3353 (Admin) and [2023] EWHC 3130 (Admin). The court emphasised that […]]]>The latest policy on reporting conditions
https://freemovement.org.uk/the-latest-policy-on-reporting-conditions/?utm_source=rss&utm_medium=rss&utm_campaign=the-latest-policy-on-reporting-conditions
https://freemovement.org.uk/the-latest-policy-on-reporting-conditions/#commentsTue, 23 May 2023 07:30:00 +0000https://freemovement.org.uk/?p=189158In January this year, the Home Office updated its guidance on reporting conditions, again. Version 6 was published on 19 January 2023, replacing version 5 which was in place for less than six months, from 30 June 2022. Version 5 Version 5 was very much a welcome development in terms of reporting conditions. It adopted […]]]>https://freemovement.org.uk/the-latest-policy-on-reporting-conditions/feed/1Legal challenges against GPS tagging for people on immigration bail
https://freemovement.org.uk/legal-challenges-against-gps-tagging-for-people-on-immigration-bail/?utm_source=rss&utm_medium=rss&utm_campaign=legal-challenges-against-gps-tagging-for-people-on-immigration-bail
Fri, 10 Mar 2023 08:45:00 +0000https://env-7121714.mightybox.site/?p=185671&preview=true&preview_id=185671This post provides an update on legal challenges to the Home Office’s policy and practice of requiring people on immigration bail to wear Global Positioning System (GPS) devices. You can read more about the policy and the legal framework here and here. To summarise, in August 2021 the Home Office commenced provisions in the Immigration […]]]>Home Office has no power to vary High Court bail conditions
https://freemovement.org.uk/home-office-has-no-power-to-vary-high-court-bail-conditions/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-has-no-power-to-vary-high-court-bail-conditions
Mon, 23 May 2022 07:00:00 +0000https://env-7121714.mightybox.site/?p=166620In R (BVN) v Secretary of State for the Home Department [2022] EWHC 1159 (Admin) the High Court has confirmed that the Secretary of State has no power to interfere with the conditions attached to a grant of High Court bail. It is an unusual issue and the judgment contains some rare analysis of the […]]]>Telephone reporting for people on immigration bail
https://freemovement.org.uk/telephone-reporting-for-people-on-immigration-bail/?utm_source=rss&utm_medium=rss&utm_campaign=telephone-reporting-for-people-on-immigration-bail
Tue, 03 May 2022 07:00:00 +0000https://env-7121714.mightybox.site/?p=165833From April 2022 the Home Office has moved to using telephone reporting as a mainstream reporting alternative. This follows on from changes implemented on an emergency basis during the pandemic lockdown and sustained lobbying by migrants rights groups. People who are given a telephone appointment slot will be notified of this decision and the process will […]]]>Mandatory GPS tagging for people on immigration bail
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Mon, 21 Feb 2022 08:00:00 +0000https://env-7121714.mightybox.site/?p=163329Last August, the provisions in Schedule 10 of the Immigration Act 2016 providing for foreign national offenders liable to deportation to be subject to mandatory tagging as a condition of immigration bail were commenced. This provision was designed to implement the 2015 Conservative party manifesto commitment to “introduce satellite tracking for every foreign national offender […]]]>Home Office immigration bail powers upheld
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Tue, 14 Dec 2021 08:00:00 +0000https://env-7121714.mightybox.site/?p=161992In Kaitey v Secretary of State for the Home Department [2021] EWCA Civ 1875 the Court of Appeal has upheld the High Court’s decision that the power to set immigration bail exists even when a person cannot be lawfully detained. As Alex commented at the time of the High Court ruling, this is an unsurprising […]]]>Government must obey court orders even if invalid, Supreme Court holds
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Wed, 20 Oct 2021 10:50:00 +0000https://env-7121714.mightybox.site/?p=160885The Supreme Court has this morning handed down judgment in R (Majera) (formerly SM Rwanda) v Secretary of State for the Home Department [2021] UKSC 46. The appeal, as Lord Reed states in his opening sentence, raised a “question of constitutional importance”. That question was whether the government (or anyone else) can lawfully act in […]]]>Home Office given 48 hours to release immigration detainee despite coronavirus
https://freemovement.org.uk/home-office-given-48-hours-to-release-immigration-detainee-despite-coronavirus/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-given-48-hours-to-release-immigration-detainee-despite-coronavirus
Wed, 10 Feb 2021 09:30:39 +0000https://env-7121714.mightybox.site/?p=147125In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow the Home Office to use the pandemic as cover to justify long “grace period” delays in releasing detainees. The case is R (Habeb) v Secretary of State for the Home […]]]>High Court bail for vulnerable detainee
https://freemovement.org.uk/high-court-bail-for-vulnerable-detainee/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-bail-for-vulnerable-detainee
Wed, 20 Jan 2021 08:00:54 +0000https://env-7121714.mightybox.site/?p=145238The High Court has ordered the release on bail of a detainee who is subject to deportation action but suffers from serious mental health problems. Full judgments at the interim relief stage are relatively unusual so R (RS) v Secretary of State for the Home Department [2021] EWHC 54 (Admin) is a useful insight into […]]]>Eight-month delay in sourcing bail accommodation “reasonable” during pandemic
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Mon, 14 Dec 2020 14:30:00 +0000https://env-7121714.mightybox.site/?p=143127In the case of Mahboubian v Secretary of State for the Home Department [2020] EWHC 3289 (Admin), the High Court decided that the Home Office couldn’t be held responsible for an eight-month delay in finding immigration bail accommodation for a high-risk offender. The court instead found that pandemic disruption was at fault for the delay. […]]]>Wildly unlawful bail policy gets only minor tweaks, for now
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Wed, 04 Nov 2020 11:00:00 +0000https://env-7121714.mightybox.site/?p=139553The Home Office has released new interim guidance on the immigration bail accommodation system. The 15-page document introduces a couple of minor changes to address the High Court’s damning criticism of the department’s bail accommodation policies in Humnyntskyi v Secretary of State for the Home Department [2020] EWHC 1912 Admin, which concluded that the system […]]]>Bail accommodation system ruled “systemically unfair”
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Tue, 01 Sep 2020 07:00:00 +0000https://env-7121714.mightybox.site/?p=134130The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January 2018, tens of thousands of people have struggled against the harsh new system, which has kept many indefinitely detained by the Home Office or has left them homeless with no […]]]>Immigration bail legislation means what it says, High Court confirms
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Thu, 16 Jul 2020 07:00:00 +0000https://env-7121714.mightybox.site/?p=130617In Kaitey v Secretary of State for the Home Department [2020] EWHC 1861 (Admin), the High Court has confirmed that the power to set immigration bail conditions exists even when a person cannot be lawfully detained in compliance with the Hardial Singh principles. This is an unsurprising result, since that was exactly the intention of […]]]>Judge intervenes to end Home Office dithering over bail accommodation
https://freemovement.org.uk/judge-intervenes-to-end-home-office-dithering-over-bail-accommodation/?utm_source=rss&utm_medium=rss&utm_campaign=judge-intervenes-to-end-home-office-dithering-over-bail-accommodation
Tue, 23 Jun 2020 13:45:00 +0000https://env-7121714.mightybox.site/?p=128616In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One week and two extension of time requests later, the Home Office has now complied with that order. Mr Merca, detained since December 2019, had been granted section 95 accommodation which […]]]>Removal to Afghanistan “most unlikely” in the next six months, says High Court
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Tue, 26 May 2020 11:30:00 +0000https://env-7121714.mightybox.site/?p=125424Home Office tries to lean on judges deciding immigration bail cases
https://freemovement.org.uk/home-office-tries-to-lean-on-judges-deciding-immigration-bail-cases/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-tries-to-lean-on-judges-deciding-immigration-bail-cases
https://freemovement.org.uk/home-office-tries-to-lean-on-judges-deciding-immigration-bail-cases/#commentsWed, 06 May 2020 14:55:00 +0000https://env-7121714.mightybox.site/?p=124777The Home Office tried to put pressure on judges to stop releasing migrants from immigration detention, it has emerged. An official letter from the department to a top immigration judge said that the Home Office was “somewhat surprised” that judges had agreed to release so many people on immigration bail during the coronavirus crisis. The […]]]>https://freemovement.org.uk/home-office-tries-to-lean-on-judges-deciding-immigration-bail-cases/feed/1Terrorism suspects are still entitled to immigration bail
https://freemovement.org.uk/terrorism-suspects-are-still-entitled-to-immigration-bail/?utm_source=rss&utm_medium=rss&utm_campaign=terrorism-suspects-are-still-entitled-to-immigration-bail
Fri, 14 Feb 2020 11:00:00 +0000https://env-7121714.mightybox.site/?p=117412In O3 v Secretary of State for the Home Department [2019] SN/147/2018, the Special Immigration Appeals Commission has confirmed that, just like regular immigration detainees, those facing deportation on national security grounds are entitled to a presumption of bail. In deciding whether to grant bail to such detainees, the Commission must balance that presumption with […]]]>Detainees with indefinite leave to remain not entitled to Home Office accommodation
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Thu, 31 Oct 2019 09:30:38 +0000https://env-7121714.mightybox.site/?p=109362An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or asylum support provided by the Home Office. R (AT (Guinea))) v Secretary of State for the Home Department [2019] EWHC 2709 (Admin) is about the interaction between mainstream benefits for […]]]>