The Home Office unlawfully detained an EEA national who spent over a year in immigration detention, after it emerged that there was no ‘realistic prospect of deporting the claimant within a reasonable period’.
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Lawyers should ensure that their clients are not caught out by quiet amendments to the First-tier Tribunal procedure rules, that make an already tight deadline for permission to appeal applications even tighter in immigration and asylum cases.
Can a foreign national be lawfully detained even though the decision to remove them from the UK is unlawful? Bizarrely, yes. However, a new case from the Court of Appeal suggests that the UK Supreme Court may need to review this state of affairs.
Home Office discriminated against mentally ill detainee in breach of duty to make reasonable adjustments
This Court of Appeal case shows that thinking outside the box and utilising discrimination legislation can help to address gaps in government policy and procedure.
This Court of Appeal judgment affects thousands of international students accused of cheating in English language tests. While it strengthens the right to challenge the Home Office, the fallout is likely to be long-lasting and complicated.