Immigration Services

Detention Claims

Unlawful detention claims

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Detention Challenges & Unlawful Detention Claims

Immigration detention must be lawful, necessary, and proportionate. Where detention is prolonged, lacks realistic prospects of removal, or breaches Home Office policy, it may be unlawful.

We advise on detention challenges and claims for unlawful detention, including judicial review and compensation claims where appropriate. These matters are often urgent and require prompt legal assessment.
Challenge Unlawful Detention
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Concerned that detention may be unlawful?

We can review the circumstances and advise on available legal remedies.

Who Is This Service For?

  • Individuals in prolonged immigration detention
  • Those detained without realistic removal prospects
  • Detainees needing urgent legal challenge
  • Those seeking compensation for unlawful detention

Common Refusal Reasons

Prolonged Detention

Continued detention beyond reasonable period.

No Realistic Removal Prospect

Detention continues despite no realistic prospect of removal.

Procedural Breach

Home Office failed to follow proper detention procedures.

Lack of Proportionality

Detention is not proportionate to legitimate aim.

Detention Conditions

Conditions of detention are unsuitable or harmful.

  • Documentation Guide

Evidence Requirements

Comprehensive documentation needed to build a strong case


We Help You Compile Evidence

Our solicitors guide you through gathering the right documents, ensuring nothing is missing and everything is presented in the format the Home Office requires.

Get Expert Help

Important Deadlines & Risks

Urgent Application Required

Habeas corpus applications must be made urgently. Prolonged detention can have significant health implications.

* Timeframes are estimates only and may vary depending on individual circumstances and Home Office processing times.

How We Act as Your Solicitors

1

Lawfulness Assessment

We assess the lawfulness of your detention circumstances.

2

We assess the lawfulness of your detention circumstances.

We prepare urgent habeas corpus applications challenging detention.

3

Judicial Review

We pursue judicial review where detention breaches procedure or policy.

3

Compensation Claims

We pursue compensation claims for unlawful detention periods.

3

Release Coordination

We coordinate with the Home Office and detention facilities for urgent release.

— Common Questions —

Frequently Asked Questions

Clear answers to help you understand your options and next steps

How long can I be detained?
There is no statutory time limit, but detention must be lawful, reasonable, and not arbitrary. Prolonged detention without removal prospects may be unlawful.
What is a habeas corpus application?
Habeas corpus is a court application challenging the lawfulness of detention. If successful, you will be released immediately.
Can I claim compensation?
If detention is found to be unlawful, you may be entitled to compensation for unlawful detention.

Still have questions about your case?

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Submit your case details for a confidential review by our immigration solicitors.

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