Failure to carry out proper medical assessment makes detention unlawful

This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and trafficking should be treated. In R (SW) v Secretary of State for the Home Department [2018] EWHC 2684 (Admin), the High Court has ruled that SW was unlawfully detained for a month, giving two reasons: the failure to carry out a proper medical assessment within 24 hours of her arrival in detention, and an Immigration Officer’s irrational decision to refuse to make a trafficking referral Fortunately, after being released SW was cared for by the Salvation Army, who made a trafficking referral without delay. A…

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