UNLAWFUL DETENTION
Unlawful detention can be a distressing and traumatic experience, especially when individuals are detained without proper justification. At SKR Law, we understand the emotional, legal, and financial toll detention can take. Whether you've been held without due process or beyond a lawful period, we are here to help you assess your case and pursue the justice and compensation you deserve.
What is Immigration Detention?
Immigration detention refers to the confinement of individuals by the Home Office due to their immigration status in the United Kingdom. British citizens are not subject to immigration control and therefore cannot be detained under immigration powers. However, any non-British national may be subject to such detention.
If you are under immigration control, the Home Office has the authority to detain you. However, any decision to detain must follow strict legal guidelines regarding the justification, duration, and circumstances of the detention. These decisions must align with the appropriate rules and procedures.
If the Home Office acts outside of these legal boundaries—whether through excessive detention periods, lack of lawful justification, or procedural failures—you may be entitled to compensation for unlawful detention.
​Situations That May Lead to Immigration Detention
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You may be at risk of immigration detention in the UK if:
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You are an overstayer encountered by police or immigration officers.
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You are subject to removal following the refusal of your human rights or protection claim.
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Your leave has been cancelled due to a breach of conditions, such as working when not permitted or exceeding the allowed working hours.
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Your visa is cancelled at the border upon arrival in the UK, typically due to non-compliance with entry requirements.
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When Can Immigration Detention Be Considered Unlawful?
You may be eligible to claim for unlawful detention if your detention occurred under any of the following circumstances:
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A public law error was made in the decision regarding your immigration status or detention.
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There was an infringement of your human rights.
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Removal from the UK was not possible within the legally required timeframe.
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There was a breach of the Hardial Singh principles (e.g., detention beyond a reasonable period without realistic prospect of removal).
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​Claim Time Limit
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You have up to six years to bring a claim for damages against the Home Office for unlawful detention.
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False Imprisonment
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Even if you were eventually removed from the UK or your immigration status was never resolved, you may still be able to make a claim for false imprisonment.