Get Compensation For Unlawful immigration Detention
If you have been unlawfully detained in the UK at any time during the last 6 years, you may be able to claim Compensation For Unlawful immigration Detention against the Home Office, UKVI, for your unlawful immigration detention. Your detention by the Home Office UKVI will be regarded as unlawful if your detention cannot be legally justified as being outside the boundaries of UK laws, and therefore, you may be entitled to claim compensation for such unlawful immigration detention. Our immigration solicitors can act for you on No Win, No Fee Basis in your compensation claim for unlawful immigration detention.
Taking an action to claim for Unlawful Detention against the Home Office UKVI will not prejudice any current or future immigration applications you make to the Home Office UKVI.
What Is The Unlawful Immigration Detention?
Unlawful immigration detention occurs when a person is detained for immigration-related purposes in violation of the law. Such detention can arise when the authorities do not follow legal procedures, lack sufficient grounds for detention, or detain someone for an excessive period without proper review or justification. In the UK, unlawful detention often involves breaches of human rights, as outlined in the Human Rights Act 1998, including the right to liberty under Article 5 of the European Convention on Human Rights (ECHR).
If someone is unlawfully detained, they may seek remedies such as judicial review, claiming damages, or filing a complaint with the Home Office or other regulatory bodies. A successful claim can lead to financial compensation and, in some cases, changes in policy or detention practices to prevent future unlawful detentions.
Immigration detention may be deemed unlawful by a court under the following circumstances:
- If you have valid leave to remain in the UK at the time of your detention, but the Home Office UKVI wrongly treated you as an overstayer or as someone with no leave to remain.
- If you have Section 3C leave due to a pending application or appeal, and the Home Office UKVI mistakenly considered you as someone without leave to remain at the time of detention.
- If you are exempt from immigration control (for example, as an EU national or a family member of one) and the Home Office UKVI improperly treated you under domestic law, not recognizing your exemption at the time of your detention.
- If you were detained due to an unlawful immigration decision by the Home Office UKVI regarding your leave to remain application, and the decision was later overturned by the immigration court or conceded as unlawful by the Home Office UKVI during litigation.
- If you were detained by the Home Office UKVI when your removal from the UK was not imminent and you were not attempting to evade immigration control.
- If you are an unaccompanied minor at the time of your detention (under 18 or awaiting age verification).
- If you have a severe disability at the time of your detention.
- If you have an infectious or contagious disease at the time of your detention.
- If you are a woman who is 24 weeks pregnant or more at the time of your detention.
- If you suffer from mental illness at the time of your detention.
- If you require ongoing medical care and were detained by the Home Office UKVI.
- If you are a victim of torture or trafficking and can provide evidence to support this.
This list is not exhaustive, and there may be other situations where a court finds detention unlawful and grants damages for the unlawful detention.
Free Initial Assessment for Compensation for Unlawful Immigration Detention Claim
Our immigration solicitors offer a free initial assessment to determine if you are eligible for compensation for unlawful immigration detention. We will evaluate the circumstances of your detention and assess the strength of your compensation claim. If we believe your claim has a good chance of success (51% or more), we will accept instructions to represent you in your claim.
We work on a no win, no fee basis for your compensation claim, meaning you will only pay legal fees if we win the case.
As part of the process, we will request your Home Office UKVI records and Detention Records before sending the Letter Before Claim to the Home Office. These records will confirm important details, such as the dates and locations of your detention. Typically, we receive these records within 40 days of submitting the request.
No Win, No Fee for Unlawful Immigration Detention Claim
Our expert team of compensation solicitors is available to represent you in your unlawful immigration detention claim against the Home Office UKVI on a no win, no fee basis. We will charge a success fee of up to 25%, which will be confirmed after reviewing the merits of your claim. The success fee will be agreed upon when entering into the no win, no fee agreement. If your claim is successful, the agreed success fee will be deducted from the total compensation you receive from the Home Office UKVI.
Our legal services for unlawful immigration detention claims are provided on a no win, no fee basis. If your claim against the Home Office UKVI is unsuccessful, you will not be charged for our legal fees, as long as you cooperate with us and provide truthful information to the best of your knowledge.
If your compensation claim also includes claims for special damages or personal injury, you may be required to pay for disbursements such as court fees, document translation fees, expert reports, counsel’s fees, medical reports, and other related costs. However, we will seek your approval before incurring any additional costs. If the claim is successful, disbursement costs will be recovered from the Home Office UKVI.
Before starting court proceedings, we will discuss obtaining an After-The-Event (ATE) Insurance Policy to protect you from having to pay the Home Office’s legal costs if the claim is unsuccessful. The premium for the ATE policy will be deducted from your compensation if the claim settles, and it is separate from our success fee. We will confirm the amount of the ATE premium and obtain your instructions before proceeding with the policy.
Time Limit For Compensation Claim
The limitation period for a claim for unlawful detention is 6 years from the date of detention, meaning you must consider issuing court proceedings before the end of this six-year period.
Claims related to a breach of human rights, such as torture, are limited to 1 year from the date of the act or detention.
If you have suffered physical or psychological injury as a result of your detention, claims for personal injury have a limitation period of 3 years from the date of the injury.
Our compensation lawyers will review all aspects of your immigration detention, including any injuries you have sustained, to assess the value of your claim, the potential for settlement with the Home Office or UKVI, and any relevant deadlines for issuing court proceedings.
Basic Legal Principles on Unlawful Immigration Detention
There are fundamental legal principles that govern cases of unlawful immigration detention to ensure that individuals are treated fairly and their rights are protected. These principles include:
- The Right to Be Free from Arbitrary Detention: Individuals should not be detained without sufficient legal grounds or justification. Detention should only occur when it is necessary and lawful.
- The Right to Access Legal Representation: Those in immigration detention have the right to seek legal advice and representation to challenge the legality of their detention and ensure their rights are upheld.
- The Right to Challenge Detention Decisions: Individuals have the right to challenge decisions related to their detention through fair and impartial legal processes. This ensures that any detention is lawful, proportionate, and justified.
One of the most important sets of principles in UK immigration detention cases is the Hardial Singh principles. These principles come from a landmark case, R (Hardial Singh) v. Governor of Durham Prison, and have since been widely applied. The Hardial Singh principles state that:
- Immigration authorities must act with reasonable diligence and expedition in pursuing the purpose of detention.
- Detention should not be prolonged longer than is reasonably necessary to achieve the purpose for which it was imposed.
These principles help ensure that immigration detention is not arbitrary and that individuals are not detained for extended periods without just cause.
How Much Compensation Can I Claim?
There are general guidelines in cases of false imprisonment that help determine appropriate compensation. Three key principles should be kept in mind:
- Case-Specific Assessment: The amount of compensation should reflect the specific facts of the case and the extent of harm suffered by the individual claimant.
- Global Approach: Damages should not be calculated mechanically based on a fixed amount per day of detention. Instead, a more holistic approach should be taken, considering the overall circumstances.
- Decreasing Compensation Over Time: While the seriousness of false imprisonment increases with its duration, compensation should decrease over time. This is for two main reasons:
- To ensure the damages remain proportionate to those given in personal injury or other similar cases.
- Because the initial shock of being detained often leads to a higher compensation award than the continued detention.
In the case of Thompson, the court provided guidance that, in a “straightforward case of wrongful arrest and imprisonment,” the starting point for compensation was around £500 for the first hour of wrongful detention. For a detention lasting 24 hours, the typical award was about £3,000. While this case was decided over ten years ago, it is important to note that the amount should be adjusted for inflation.
When adjusting for inflation since 2012, the starting compensation amounts are likely to be approximately £1,000 for the first hour and £6,000 for wrongful detention of 24 hours (based on July 2019 values).
After assessing the strengths and weaknesses of your claim, we will work to secure the highest possible compensation. If necessary, we will present counter-offers to the Home Office to ensure a fair settlement. We may also seek counsel’s opinion on the appropriate compensation amount to ensure you receive the correct award.
Typically, compensation is received within three weeks of settling the claim. We will work closely with the Home Office to ensure your compensation is processed promptly.
Processing Time of Compensation Claim
After serving the Letter Before Claim to the Home Office, UKVI, our compensation lawyers typically receive a response within 3 months, confirming whether the Home Office, UKVI wishes to settle your claim for compensation for unlawful immigration detention.
Once negotiations with the Home Office, UKVI begin to settle the compensation claim, it may take an additional 3-4 months to reach a settlement. However, it is difficult to provide an exact timeline due to the number of factors involved in each case.
If the Home Office, UKVI refuses to settle your compensation claim at the Pre-Action Protocol (PAP) stage, we will reassess the prospects of success and decide whether to issue Court Proceedings based on the merits of your case. We will always consult with you before taking any legal action. If necessary, we will also seek Counsel’s opinion on the strength of your case.
If court proceedings are initiated because there is no settlement on the compensation for unlawful detention, the process may take longer, as the court will determine the outcome of the claim.
Have You Been Unlawfully Detained?
Our solicitors are passionate about achieving justice and work closely with each client with sensitivity and respect. We take the time to listen to your story so that we can provide the most tailored advice for your situation. Our approach puts you, the client, at the heart of everything we do.
We will ensure that you understand the process and what to expect at each stage, and we will keep you informed throughout. Regardless of the language you speak, we can provide the right interpreter or lawyer who speaks your language. We also have extensive experience working with clients who have disabilities, and we have additional measures in place to support you.
With offices across London & Manchester, we are ready to assist you, no matter where your immigration detention centre is located. Call us at 01614644140 to speak with our lawyers and find out if you are eligible to claim compensation for your unlawful detention or human rights breach.
