Case Study 4: Compensation for Unlawful Detention by Immigration Service

ZH – This individual is an Albanian national. He experienced three unlawful detentions by the Immigration Service in the UK on the basis that he was an illegal immigrant, whereas in fact he was not and applications had been made on his behalf for permission to remain in the UK with his partner and his step-children under the Family One-Off Exercise commonly known as the family amnesty. He was released on bail but then rearrested and detained.

On a further application for bail, he was released for the hearing without notice to us. The Treasury Solicitor acting on behalf of the Secretary of State for the Home Department agreed that there were periods of unlawful detention for which Mr ZH ought to be compensated. As a result, damages were paid to him by the Government for such unlawful detention.

This work was carried out by Bernard Andonian with the assistance of Alan Payne of Counsel from 5 Essex Court, Temple.