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Immigration Detention

Hodge Jones & Allen has a formidable reputation for challenging unlawful immigration detention and for obtaining substantial compensation for those who have been wrongly detained.

There are strict rules about who can be detained by the Home Office for immigration reasons. For example, a person can be held in immigration detention pending their removal from the UK, if they have exhausted all appeal rights.

Frequently however, the Home Office acts unlawfully, and contrary to its own published policies and procedures. It is not lawful to detain people unless they are physically and mentally fit to be detained, or unless it is possible to deport them within a realistic timeframe. If they can never realistically be returned to their country of origin, they cannot be detained indefinitely.

Conditions in some immigration detention and removal centres are dire, with poor access to healthcare. Many are run by private companies, and at times there are gross abuses of power by those in charge.

We have experience in bringing claims in the following areas:

  • Compensation claims against the police for wrongly arresting and detaining people on immigration grounds. For example we won substantial compensation from the police after they wrongly concluded a Claimant’s passport was fake and detained her for a significant period.
  • Claims against the Home office for unlawful detention. We recovered substantial damages for a claimant who was detained for many months in an immigration removal centre when she was seriously ill and not fit to be detained. In another case, the Home Office wrongly maintained that the Claimant was an Indian national (he was a British citizen) and detained him for months until they finally conceded he was a British Citizen and could not lawfully be deported or detained.
  • Claims against private companies, such as Serco, who run immigration detention centres. We secured a significant sum of compensation for a woman who was assaulted by Serco officers in an apparent ‘health’ assessment. She suffered multiple cuts, bruising and post traumatic stress disorder.

We have extensive experience in these cases with a proven track record of success. We recognise the difficulty for individuals taking on and successfully challenging state bodies, and just how daunting this can be. We have experience in supporting extremely vulnerable victims, who may have been traumatised by their experience and for whom English may not be their first language.

Please be aware that we do not provide general immigration advice or assistance with bail applications before the immigration courts. Bail for immigration detainees (BID) may be able to assist with a bail application.

Our immigration detention specialists are part of our London based immigration detention team. We have almost four decades of experience helping clients from around the UK with a wide variety of legal matters. For expert legal advice use our contact form or call us on 0808 250 6017 today.