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Unlawful Detention

Speaker: Amanda Jones
Chambers: Great James Street Chambers

As the government continues to make headlines with its approach to immigration and asylum, Law Friends favourite Amanda Jones returns to look at unlawful detention and the SSHD’s powers to detain under the Immigration Act 1971. The seminar looks at:

Power to detain in immigration cases
When such detention is or may be unlawful
How to bring a claim challenging unlawful detention

Relevant law

Immigration Act 1971
Nationality, Immigration and Asylum Act 2002
UK Borders Act 2007
R (Hardial Singh) v Governor of Durham Prison [1983] EWHC 1 (QB)
Lumba [2011] UKSC 12
Thompson & Hsu v Commissioner of Police of the Metropolis [1998] 1 QB 498

Amanda is a specialist in immigration and public law. She has advised and appeared in numerous immigration matters in the Court of Appeal, and in the Administrative Court on appeals, judicial review and injunctions. Emergency judicial review grounds and out-of-hours injunction applications (including, if necessary, to the Court of Appeal) are a regular part of her practice.

Amanda advises regularly on the Public Sector Equality Duty and other matters relating to the protected characteristics under the Equality Act 2010, including discrimination. Amanda is also instructed on matters related to sex-based and gender reassignment protections under the Equality Act, and associated disciplinary and political disputes.

Amanda is instructed in asylum cases, particularly in relation to Afghanistan, Pakistan, Bangladesh, India, Iran, Iraq, Syria, Lebanon, Sri Lanka and Saudi Arabia. She also deals with entry clearance work, including the points-based system, visitors, and family reunion, deportation appeals in relation to criminal convictions or alleged terrorist connections, and cases in which a threat to national security is alleged.

Amanda frequently advises on and drafts fresh claims in relation to human rights and asylum, after an initial appeal has been exhausted, and has been instructed on a numbers of cases involving breaches of policy and legitimate expectation in immigration law.