?? High Court's Bail Ruling Unveiled: Navigating Immigration Powers Post 2023 Act! ???

?? High Court's Bail Ruling Unveiled: Navigating Immigration Powers Post 2023 Act! ???

Step into the legal saga of IS (Bangladesh) v Secretary of State for the Home Department [2023] EWHC 3353 (Admin) and [2023] EWHC 3130 (Admin) as the High Court sheds light on immigration detention post the Illegal Migration Act 2023.

?? Complex Background:

In 2011, the claimant and family arrived; denied in 2016 due to a 2015 conviction, he faced 28 months of unwarranted detention. A 2019 intervention exposed mental health impacts.?

?? Legal Odyssey:

- 2020: Asylum and ECHR submissions.

- Jan 2022: Drug charges, remanded.

- June 2023: 3-year sentence.

- July 2023: Released, then placed in immigration detention.

- Ongoing asylum appeal, hearing date pending.

?? Medical Maze:

- PTSD, depression, ADHD diagnosis.

- Rule 35 reports detail suicide attempts.

- Home Secretary acknowledges level 3, and justifies detention.

- Reasons: risk of absconding, prior convictions, public safety, potential removal to Bangladesh.

?? Court's Verdict:

- Retroactive application of Illegal Migration Act 2023.

- Stress on Home Secretary's policy compliance.

- Claimant's ongoing detention deemed unlawful.

- Barriers to removal: flawed assessments, delayed appeal.

- Adult at Risk Policy breach: neglecting mental health.

- Bail conditions address public protection.

?? Article 5 ECHR Concern:

- Failure to consider medical evidence.

- Claimant has a real chance of arguing unlawful detention.

?? Conclusion:

Insights into the post-Illegal Migration Act 2023 legal terrain, highlighting the balance between enhanced detention powers and judiciary safeguarding rights. A pivotal guide for reps navigating complexities around vulnerable clients and the Adult at Risk policy.?

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