Immigration Detention and Bail
We act for those detained under immigration powers, who have the right to challenge their detention and apply for release. We also represent in applications for bail to the First-tier Tribunal, where our immigration team barristers have extensive experience of representing clients successfully. We can advise on the preparation of bail applications by identifying conditions that a tribunal judge might consider necessary to approve release. Where the reason a person cannot be released is because they do not have anywhere to live and the Home Office has refused to accommodate them, we can advise on whether there are grounds for challenging the refusal to provide accommodation.
We act in complex cases where is necessary to bring a claim for judicial review in the High Court to challenge unlawful detention and, in rarer cases, where it is necessary to make an application for habeas corpus.
One Pump Court’s immigration team barristers regularly advise on the merits and conduct of detention litigation, drafting pre-action letters to the Home Office and grounds for judicial review, as well as appearing before High Court judges to argue for release, and for damages for unlawful detention.
Unlawful detention is a complex area of law in which several of One Pump Court’s immigration team barristers are expressly commended by the independent Chambers Bar Guide and the Legal 500 UK for their expertise. Barristers in the team have advised on hundreds of unlawful detention claims. If a person has been detained, we can advise on whether they might be able to recover compensation through a civil claim for damages. We will explain the pros and cons of the case clearly and advise during negotiations and on offers to settle. Thanks to our expertise, we can often settle cases without the stress of going to court and have achieved six-figure out-of-court damages settlements for former detainees. Where agreement cannot be reached, we will present the case as compellingly as possible before the judge at trial.