Costs Awarded against Home Office for Failure to Release Detainee

Costs were awarded against the Home Office for their failure to comply with a court order and release a potentially vulnerable asylum seeker from immigration detention. The Home Office also failed to comply with a further order to provide written reasons for their continuing failure to comply with the order.

The claimant was claimed asylum seeker as a victim of torture. He was granted bail on 26 July 2017 by an Immigration Court who also ordered that he be provided with suitable accommodation within 14 days. The Home Office failed to act in accordance with the Court’s decision and continued with his detention.


The claimant subsequently made an application for an injunction, which was heard on 9 August 2017. The judge ordered that the Home Office must provide him with accommodation and to release him by 11 August 2017.

The court was deeply concerned that more than four weeks had elapsed since the original order had been made by the court for his release. Insufficient steps had been taken to ensure that the claimant was released into the appropriate accommodation. No detailed reasons had been provided at the hearing for the failure.