The following Immigration practice note Produced in partnership with Ben Amunwa of The 36 Group and Samina Iqbal of Goldsmith Chambers provides comprehensive and up to date legal information covering:
This Practice Note examines the powers of the Home Office to detain individuals when exercising immigration control. It includes an overview of the Home Office’s policy on detention as well as a discussion of who is liable for detention and who is considered unsuitable for detention. It also identifies the places in which a person may be detained for immigration reasons. The Practice Note is primarily intended to provide a summary of the key principles involved, as a detailed treatment of this topic is currently outside the scope of Lexis®PSL Immigration.
The Home Office, including Border Force, has the power to detain individuals when exercising immigration control. However, each time the power to detain arises, the Home Office also has the power not to detain and to allow the individual to be in the UK on a temporary basis on immigration bail.
Detailed guidelines on how the power to detain is to be exercised provide that:
there is a presumption in favour of release
special consideration must be given to families and unaccompanied children
there must be strong grounds for believing that a person will not comply with conditions of release for detention to be justified
all reasonable alternatives to detention must be considered before detention is authorised
each case must be considered on its merits, including consideration of
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