Home Office Concedes Urgent High Court Challenge to Continued Immigration Detention

Phoenix Law Solicitors appeared before the Judicial Review Court this morning in an urgent challenge concerning the continued immigration detention of our client.

Our client, a Polish national with settled status under the EU Settlement Scheme, remains in immigration detention despite having lodged an appeal against a deportation decision. The case raised significant concerns regarding the lawfulness of his detention where there is an acknowledged legal barrier to removal.

The urgent application followed an immigration bail hearing earlier this week before the First-tier Tribunal. The Tribunal indicated it was minded to grant bail subject to residence, reporting and electronic monitoring conditions. However, the Home Office declined to provide the consent required to facilitate our client’s release from detention.

Alannah Faulkner of Phoenix Law Solicitors, under the supervision of solicitor Sinead Marmion, instructed Andrew Beech BL, who appeared on behalf of the client in both the immigration bail proceedings and the subsequent urgent Judicial Review proceedings.

The Judicial Review challenge argued that our client’s continued detention was unlawful given the existence of an outstanding appeal and the Home Office’s acceptance that a barrier to removal existed. As a result, there were serious concerns as to whether detention could continue lawfully where removal could not take place within a reasonable period.

At this morning’s emergency hearing, the Home Office conceded the challenge and confirmed that steps are now being taken to facilitate our client’s release from immigration detention. His release is anticipated in the coming days.

This case highlights the importance of robust judicial oversight of immigration detention powers and demonstrates that detention decisions can and should be challenged where they are not supported by law.

Phoenix Law will continue to represent the client as his immigration appeal progresses and welcomes the Home Office’s concession in this matter.