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Detention under the Immigration Acts: Law and Practice (Paperback)
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Detention under the Immigration Acts: Law and Practice (Paperback)
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The UK has some of the largest immigration detention facilities in
Europe, holding as many as 3000 individuals at any point in time.
Foreign nationals are held under immigration powers in a variety of
circumstances including on arrival pending examination, whilst an
asylum claim is considered in the Detained Fast Track, and pending
administrative removal or deportation. The routine use of detention
powers, particularly in relation to foreign national offenders, has
increased dramatically in the years since 2006. Advising
individuals detained under immigration powers is no longer a niche
field. An increasing number of practitioners need access to a clear
reference guide when faced with cases which touch on this issue.
Detention under the Immigration Acts: Law and Practice is the only
text to provide a comprehensive and detailed account of the
statutory powers underpinning immigration detention and the
limitations on those powers afforded by the common law, the
European Convention on Human Rights, and the law of the European
Union. It is an invaluable resource not only for those working
predominantly in immigration but also practitioners whose work may
touch on this increasingly complex area, whether from a civil or
criminal perspective, as well as the judiciary and government
officials with a need for clear legal guidance. Taking a
practice-focused approach, the work addresses the procedural
aspects of litigation challenging detention, from bail applications
in the Tribunal through judicial review claims in the
Administrative Court, to civil claims before the County Court and
the Queen's Bench Division of the High Court. It offers
unparalleled coverage of the many hundreds of domestic cases on the
subject, saving practitioners valuable time in their legal
research. It also examines, in more detail than has ever been done
before, the case law of the European Court of Human Rights and the
Court of Justice of the European Union and suggests arguments to
challenge detention and seek damages that have not so far been used
in domestic courts. Written by an author team representing both
claimant and government interests, key issues are considered from a
neutral perspective, providing a balanced and detailed exploration
of the common law and policy based principles governing the
exercise of immigration detention powers.
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