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