Training

DT 1825 Challenging Immigration Detention: a comprehensive toolkit

This course will provide an overview of the law and practice relating to unlawful immigration detention, including statutory provisions, Home Office policies (including Adults at Risk and those relating to Unaccompanied Asylum Seeking Children), the Hardial Singh principles, and relevant case law.
 
The course will have a focus on practice, enabling participants to confidently identity when detention is, was or might be unlawful, and how best to challenge it, either through bail applications or judicial review proceedings.
 
The course will include consideration of the provisions in Schedule 10 of the Immigration Act 2016 relating to bail accommodation and how these interact in practice with securing a client’s release.
 

Event details

Date(s):16 July 2019
Start Time:10:00
End Time:17:00
Location:London
Level:Intermediate
Audience:Practitioners advising people in immigration detention or at risk of being detained. The course may also be of interest to practitioners running compensation claims for past unlawful immigration detention, however this course will not cover any civil procedure (which may be the subject of a further training course later this year – please check ILPA website for details). The course assumes some working knowledge of this area of practice. For example we will not cover the basics of how to make a bail application or how to do judicial review but rather in covering these areas we will focus on more advanced practice points, strategy, tactics, and recent case law developments.
Main area:Immigration;Detention;Removal/deportation
Main area other:Challenging Immigration Detention: A Comprehensive Toolkit
Program for the Day

09:45 – 10:00 Registration

10:00 – 10:10 General Introduction
10:10 – 10:30 Powers of Detention
10:00 – 11:30 Hardial Singh

11:30 – 11:45 Break

11:45 – 12:00 Public Law Errors
12:00 – 13:00 Home Office policies

13:00 – 14:00 Lunch

14:00 – 15:00 Bail
15:00 – 15:25 Judicial Review

15:25 – 15:40 Break

15:40 – 16:05 Unaccompanied children
16:05 – 16:35 Family Separation
16:35 – 17:00 Damages

17:00 End

 
Aim of course:To equip participants with the knowledge and understanding needed to confidently:
  • Identify when a detention is unlawful
  • Decide how best to challenge detention and secure a client’s release and / or damages depending on the client’s objectives and the circumstances of the case
  • Prepare a successful challenge to detention, including tips on evidence and strategy
Topics:The Home Office powers to detain – statutory provisions (including relating to Dublin III cases and EU nationals); the Hardial Singh principles; public law errors; Home Office policies (including Adults at Risk, Rules 34 and 35, trafficking); detention of UASCs; Bail (including accommodation under Schedule 10 and issues arising); Judicial Review; damages for unlawful detention.
 
Tutor details:Jennine Walker, Wilson Solcitors LLP, Graham Denholm, Landmark Chambers, Helen Maclntyre, Wilson Solicitors LLP
Tutor biographies:Graham Denholm
 
Graham Denholm is a barrister at Landmark Chambers. He was called to the Bar in 2001. He is ranked in the legal directories as a leading junior in Immigration, Civil Liberties and Human Rights, and Administrative and Public Law. His work spans a broad range of immigration-related litigation and public law challenges more generally. He has a particular expertise in the law relating to immigration detention, and is a co-author of Detention under the Immigration Acts: Law and Practice (OUP, 2015).

Helen MacIntyre
 
Helen MacIntyre is a solicitor at Wilson Solicitors LLP.  With a background in immigration her practice now focuses on claims against public authorities, largely for unlawful immigration detention.  She has significant experience in a wide range of claims including for victims of torture, victims of trafficking, those with mental health problems, hunger strikers and children. 

Jennine Walker
 
Jennine Walker is a solicitor at Wilson Solicitors LLP. Her practice focuses on judicial review claims against the Home Office and other public bodies, and a wide variety of damages claims arising from unlawful detention including on behalf of EU nationals, unaccompanied minors, victims of torture, victims of trafficking, individuals with severe mental health problems, and individuals who were detained in the DFT.
Additional information:Lunch and refreshments will be provided. Please advise of any dietary requirements at the time of booking.
PriceNon Member Training Prices: £480
Concessionary Training Prices: £120
Member Training Prices: £240

< Back

Find immigration law advice

Click Here

Projects