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DT 1869 Challenging Immigration Detention: a comprehensive toolkit (Sheffield)

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"great coverage of a very complex area in a short period of time"

"I thought this was a very useful and practical coverage of a complicated subject"

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):17 March 2020
Start Time:10:00
End Time:17:00
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, Safe Passage, Graham Denholm, Landmark Chambers and 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 has a decade of experience in representing people detained under immigration powers in applications for bail, judicial review and civil claims for damages, as well as substantive asylum/immigration applications. She worked for Refugee and Migrant Justice (formerly the Refugee Legal Centre) between 2008-2010 and for Wilson Solicitors LLP between 2010-2019, where she qualified as a solicitor in 2015. In October 2019 she joined the charity Safe Passage as head of the UK legal team. Jennine is also a trustee of Detention Action. 
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

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