19 May European Court of Human Rights ruling – unlawful detention by the UK

The European Court of Human Rights has today ruled that the Home Office had unlawfully detained our client from mid-2008 to 14 September 2009. In making this finding the Court disagreed with the UK domestic court who found that detention had only become unlawful on the last day of our client’s detention.

The European Court of Human Rights held that it was ‘not convinced that throughout this period it could be said that the attempts to deport the applicant were being pursued with “due diligence”.

Our client JN had mental health needs and was detained for almost 5 years and was represented by Sue Willman. She said,

“The ruling of the European Court of Human Rights sets down an important marker to the domestic courts who have been increasingly allowing longer periods of detention as lawful. Immigration detention is too readily used by the Home Office.’

Sue Willman instructed Hugh Southey QC of Matrix Chambers.
BID intervened in the case instructing Bhatt Murphy solicitors who instructed Laura Dubinsky of Doughty Street Chambers and Raza Hussain of Matrix Chambers.

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