Detention under the Immigration Acts: Law and Practice by Rory DunlopDetention under the Immigration Acts: Law and Practice by Rory Dunlop

Detention under the Immigration Acts: Law and Practice

byRory Dunlop, Graham Denholm

Paperback | February 15, 2015

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The UK has some of the largest immigration detention facilities in Europe, holding as many as 3000 individuals at any point in time. Foreign nationals are held under immigration powers in a variety of circumstances including on arrival pending examination, whilst an asylum claim is consideredin the Detained Fast Track, and pending administrative removal or deportation. The routine use of detention powers, particularly in relation to foreign national offenders, has increased dramatically in the years since 2006. Advising individuals detained under immigration powers is no longer a nichefield. An increasing number of practitioners need access to a clear reference guide when faced with cases which touch on this issue. Detention under the Immigration Acts: Law and Practice is the only text to provide a comprehensive and detailed account of the statutory powers underpinning immigration detention and the limitations on those powers afforded by the common law, the European Convention on Human Rights and the law ofthe European Union. It is an invaluable resource not only for those working predominantly in immigration but also practitioners whose work may touch on this increasingly complex area, whether from a civil or criminal perspective, as well as the judiciary and government officials with a need forclear legal guidance. Taking a practice focused approach, the work addresses the procedural aspects of litigation challenging detention, from bail applications in the Tribunal through judicial review claims in the Administrative Court, to civil claims before the County Court and the Queen's Bench Division of the HighCourt. It offers unparalleled coverage of the many hundreds of domestic cases on the subject, saving practitioners valuable time in their legal research. It also examines, in more detail than has ever been done before, the case law of the European Court of Human Rights and the Court of Justice ofthe European Union and suggests arguments to challenge detention and seek damages that have not so far been used in domestic courts.Written by an author team representing both claimant and government interests, key issues are considered from a neutral perspective, providing a balanced and detailed exploration of the common law and policy based principles governing the exercise of immigration detention powers.
Rory Dunlop is a barrister at 39 Essex Street, specialising in immigration law. He is recommended by Chambers and Partners and Legal 500 as a specialist in immigration law. He acts both for claimants and the Government and has been instructed in many immigration detention cases, some against his co-author. He has previously worked at ...
Title:Detention under the Immigration Acts: Law and PracticeFormat:PaperbackDimensions:416 pagesPublished:February 15, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198714130

ISBN - 13:9780198714132

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Table of Contents

PART I: INTRODUCTION1. The scope of the bookPART II: DETENTION2. Introduction to Part II3. Definitions of detention4. Disputed detentionPART III: LIABILITY TO DETENTION5. Introduction to Part III6. The Statutory Sources of the Power to Detain7. Liability to Detention: British Nationals8. Liability to Detention: EEA Rights Holders9. Liability to Detention: Everyone elsePART IV: LIMITATIONS ON THE POWER TO DETAIN10. Introduction to Part IV11. Hardial Singh12. Relevant Public Law Principles13. General detention policy14. Suitability for detention15. Children and Families16. Detained Fast Track17. EU law18. ECHR law19. Other international lawPART V: LOCATIONS AND CONDITIONS OF DETENTION20. Introduction to Part V21. Location of detention22. Conditions of detentionPART VI: REMEDIES AGAINST DETENTION:23. Introduction to Part VI24. Temporary Admission, Temporary Release and Bail25. Habeas corpus, judicial review and private law claims26. Damages