Is My Detention Unlawful?

Being detained at an Immigration Detention Centre can be a very scary experience. The law makes it possible for the Home Office to detain a person if they are trying to find out the identity of that person or they are trying to remove them from the country.

There are some cases in which a person should not be detained. You should not be detained if you are:-

(i) An unaccompanied minor;

(ii) You have  severe disability;

(iii)An infectious or contagious disease;

(iv) You are a woman who is 24 weeks pregnant or more;

(v) Suffer from a mental illness;

(vi) Require constant medical care;

(vii) You are the victim of torture or trafficking and there is evidence to prove this.

The European Convention on Human Rights 1950, protects your freedom from from being unlawfully detained. It provides that no person shall be deprived of their liberty, except in certain limited circumstances, where detention is legal.

Where unlawful detention has been alleged, a claim can be brought against those responsible for the detention, whether it is the police or in this case the Home Office. It is imperative that the Home Office abide by the law and procedures when detaining people and follow the guidelines on who can be detained.

If you fall into any of these categories and have been detained by the immigration authorities you may be able to claim compensation for unlawful detention.

Bail application

Judicial Review

Detention in an Immigration Detention Centre

Damages For Being Detained Unlawfully

Unlawfully Detained 


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