Raphael is a high quality barrister and Immigration, Asylum and Nationality specialist. Raphael’s main interest is strategic litigation: working in partnership with solicitors to identify new legal points, training caseworkers to spot them, and advising early in order to test the issues on appeal. The aim is to build cases with overwhelmingly strong evidence, and develop arguments to test and change the law.

Rafael begins by making us think, using a powerful analogy to demonstrate the meaning and implications of unlawful detention. He then goes on to give a critical update on the Illegal Migration Act, which came into force this year having significant implications for the Hardial Singh Principles. Rafael powerfully urges lawyers to remember the moral implications of their cases.

Key Words/Topics:

Hardial Singh Principles
R (I) v SSHD [2003] INLR 196 at §46
The Illegal Migration Act 2023
Schedule 2 of the Immigration Act 1971
Human rights
Article 5 of The Human Rights Act 1998
Detention without trial
A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent)
R (on the application of Privacy International) (Appellant) v Investigatory Powers Tribunal and others (Respondents)
Pham v Secretary of State for the Home Department [2015] UKSC 19
Proportionality
Deprivation of nationality
Judicial Review
Adults at Risk Policy
Detention Reviews Policy
Victims of Trafficking in Detention Policy
IS91R Detention Forms