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An asylum seeker has been awarded £60,000 in a civil claim for false imprisonment against the Home Office, following years of dedicated work by specialist immigration detention solicitor Lily Parrott. The settlement represents a significant victory for individuals unlawfully detained under immigration powers and highlights ongoing concerns about the Home Office's use of detention in the United Kingdom.
Home Office Accepts Liability for Unlawful Detention
The Home Office notably accepted liability for removing the client from the UK to France in March 2020 on the basis of an unlawful reliance on Article 13(2) of the Dublin Convention. This decision rendered his full period of detention prior to removal unlawful, establishing grounds for a compensation claim against the Home Office.
This case is particularly significant as many people were likely subject to this unlawful interpretation and use of Article 13(2) of the Dublin Convention, raising serious questions about immigration detention practices during this period.
The Client's Journey: From Asylum Seeker to Successful Claimant
The client, originally arrived in the UK in January 2020 to claim asylum and seek asylum from persecution. His experience illustrates the devastating impact of unlawful immigration detention on vulnerable individuals.
Case Timeline
- January 2020: Client arrives in UK to claim asylum
- March 2020: Home Office detains him under immigration powers and removes him to France based on unlawful interpretation of Dublin Convention. Left homeless and destitute.
- June 2020: The client returns to UK and claims asylum again. He is later convicted of facilitating unlawful entry to the UK and sentenced to three years' imprisonment
- 19 October 2021: Completes criminal sentence but Home Office detains him under immigration powers in an immigration removal centre
- 8 February 2022: Court of Appeal quashes his conviction
- 11 February 2022: Released from immigration detention without accommodation or financial support, rendering him homeless and destitute
- 31 August 2023: Granted asylum and leave to remain in the UK
- 11 August 2025: Awarded £60,000 settlement for unlawful detention
Understanding Unlawful Immigration Detention
Immigration detention in the United Kingdom refers to the confinement of individuals under immigration powers while the Home Office processes their immigration case or arranges removal from the UK. While immigration authorities have powers to detain people, detention must be lawful, necessary, and reasonable.
When Immigration Detention Becomes Unlawful
Your period of detention was unlawful if the Home Office detained you without proper legal grounds or failed to follow immigration law. Unlawful detention can occur when:
- The Home Office detains you for longer than necessary without valid reasons
- You are detained despite suffering from serious medical conditions or disability that make detention inappropriate
- There is no realistic prospect of removal from the UK within a reasonable timeframe
- You were unlawfully detained as an unaccompanied minor without appropriate safeguards
- The detention was based on unlawful interpretation or application of immigration law, as in this case
- The Home Office failed to properly consider your individual circumstances and risk factors
- You were held in a removal centre or prison beyond the point where detention served any legitimate purpose
Unlike the criminal justice system, there is no limit on how long someone can be detained under immigration powers in the UK. This has led to cases of prolonged detention that may have been unlawful, particularly where individuals are suffering from serious medical conditions or where deportation is not realistically achievable.
Immigration Detention and the Right to Asylum
Asylum seekers fleeing persecution have the right to claim asylum in the UK. However, many asylum seekers are detained in immigration detention centres while their claims are processed. The detention of asylum seekers raises particular legal and ethical concerns, especially when individuals are unlawfully detained after arriving to seek protection.
Bail for Immigration Detainees
If you are detained under immigration powers, you have the right to apply for immigration bail. Bail applications may allow detainees to be released from detention while their immigration case is resolved, subject to bail conditions set by the court or immigration authorities.
Applying for Release from Detention
Expert solicitors can assist with bail applications to secure your release from an immigration detention centre. The immigration bail process involves demonstrating to a tribunal or immigration judge that you can be safely released into the community and will comply with conditions such as regular reporting to immigration authorities.
Specialist legal advice is crucial for bail applications, as immigration lawyers understand what evidence and arguments are most effective in securing release from detention.
Making a Compensation Claim for Unlawful Detention
If you were unlawfully detained by the Home Office, you may be able to claim compensation for your unlawful detention. Immigration detention claims can result in substantial settlements where the detention was unlawful, as demonstrated by this £60,000 award.
Compensation for Unlawful Detention
A claim against the Home Office for unlawful immigration detention is based on the tort of false imprisonment. To succeed in making a compensation claim, you must demonstrate that your period of detention was unlawful under immigration law or that the Home Office's use of immigration detention powers was improper.
Compensation for your unlawful detention takes into account:
- The length of your period of unlawful detention
- The conditions in the immigration removal centre or prison where you were held
- The impact on your mental and physical health
- Loss of liberty and dignity
- Whether you were left homeless and destitute after release
- Any particular vulnerability, such as disability or history of torture
Time Limits for Immigration Detention Claims
Legal proceedings for unlawful detention must usually be brought within six years from the date of detention. It is essential to speak to one of our expert solicitors as soon as possible if you believe your detention may have been unlawful.
Deportation and Removal from the UK
The Home Office has powers to deport individuals and arrange removal from the UK in various circumstances. A deportation order can be made against foreign nationals who are convicted of criminal offences or where the Home Office considers their presence not conducive to the public good.
Challenging Deportation Orders
Immigration solicitors can challenge deportation orders through appeal rights and judicial review proceedings. If you face removal from the UK, legal representation is vital to protect your right to stay and ensure immigration authorities follow proper procedures.
Specialist solicitors can assess whether you have grounds to remain in the UK, such as:
- Right of asylum based on risk of persecution
- Human rights grounds under the European Convention on Human Rights
- Leave to remain based on family or private life in the UK
- Protection from removal where you may face torture or inhuman treatment
- Indefinite leave to remain or UK visa applications
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
