Detention under the Immigration Acts: Law and Practice

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Rory Dunlop (Barrister, Barrister, 39 Essex Street) Graham Denholm (Barrister, Barrister, Landmark Chambers)

Detention under the Immigration Acts

Law and Practice

Rory Dunlop (Barrister, Barrister, 39 Essex Street), Graham Denholm (Barrister, Barrister, Landmark Chambers), Lisa Giovannetti QC (Barrister, Barrister, 39 Essex Street)

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English

Oxford University Press
18 December 2014

Immigration law; Asylum law; Human rights & civil liberties law; Government powers

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 considered in 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 niche field. 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 of the 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 for clear 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 High Court. 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 of the 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.

By: Rory Dunlop (Barrister Barrister 39 Essex Street), Graham Denholm (Barrister, Barrister, Landmark Chambers)
Consultant editor: Lisa Giovannetti QC (Barrister Barrister 39 Essex Street)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 245mm, Width: 169mm, Spine: 22mm
Weight: 696g
ISBN: 9780198714132
ISBN 10: 0198714130
Pages: 416
Publication Date: 18 December 2014
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

PART I: INTRODUCTION 1: The scope of the book PART II: DETENTION 2: Introduction to Part II 3: Definitions of detention 4: Disputed detention PART III: LIABILITY TO DETENTION 5: Introduction to Part III 6: The Statutory Sources of the Power to Detain 7: Liability to Detention: British Nationals 8: Liability to Detention: EEA Rights Holders 9: Liability to Detention: Everyone else PART IV: LIMITATIONS ON THE POWER TO DETAIN 10: Introduction to Part IV 11: Hardial Singh 12: Relevant Public Law Principles 13: General detention policy 14: Suitability for detention 15: Children and Families 16: Detained Fast Track 17: EU law 18: ECHR law 19: Other international law PART V: LOCATIONS AND CONDITIONS OF DETENTION 20: Introduction to Part V 21: Location of detention 22: Conditions of detention PART VI: REMEDIES AGAINST DETENTION: 23: Introduction to Part VI 24: Temporary Admission, Temporary Release and Bail 25: Habeas corpus, judicial review and private law claims 26: Damages

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 the Registry of the European Court of Human Rights, drafting several judgments in cases against the United Kingdom. Graham Denholm is a barrister at Landmark Chambers specialising in public law with a focus on immigration and asylum work. He is recommended by Chambers and Partners and Legal 500 in immigration. He has specialised in immigration detention for many years, and has appeared in many of the leading cases in this area. Lisa Giovanetti QC is a barrister at 39 Essex Street, her practice focusses on administrative and public law

Reviews for Detention under the Immigration Acts: Law and Practice

I have no doubt that this book will be an essential addition to the library of anyone who practises in the field of the law of immigration. The authors have done a great service to all such practitioners. I commend the book most warmly. The Rt Hon Lord Dyson, Master of the Rolls