R (Hemmati) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Asylum — Detention pending removal — Claimant asylum seekers detained pending removal to member states responsible for examining their asylum applications pursuant to European Union Regulation — Whether English law failing to specify objective criteria for assessment of risk of absconding — Whether absence of such criteria in English law rendering detention unlawful — Whether claimants entitled to damages for false imprisonment or breach of European Union law — Immigration Act 1971 (c 77), Sch 2, para 16(2)(as substituted by Immigration and Asylum Act 1999 (c 33), s 140(1) and amended by Nationality, Immigration and Asylum Act 2002 (c 41), s 73(5)) — Parliament and Council Regulation (EU) No 604/2013, arts 2(n), 28(2)

[2018] EWCA Civ 2122; [2019] QB 708; [2019] 2 WLR 814; [2018] WLR (D) 632, CA

IMMIGRATION — Asylum — Detention pending removal — Claimant asylum seekers detained pending removal to member states responsible for examining their asylum applications pursuant to European Union Regulation — Whether English law failing to specify objective criteria for assessing risk of absconding — Whether absence of such criteria in English law rendering detention unlawful — Whether claimants entitled to damages for false imprisonment — Whether claimants entitled to more than nominal damages — Immigration Act 1971 (c 77), Sch 2, para 16(2) — Parliament and Council Regulation (EU) No 604/2013, arts 2(n), 28(2)

[2019] UKSC 56; [2021] AC 143; [2019] 3 WLR 1156; [2020] 1 All ER 669; [2020] WLR (D) 12; Case details, SC(E)

Appellate History

Commentary

UK Human Rights Blog
Split Court of Appeal rules detention of asylum seekers unlawful — Part 1 Case comment

UK Supreme Court Blog
New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 Case comment

UK Human Rights Blog
Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful Case comment