Split Court of Appeal finds that asylum seekers were unlawfully detained

Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled. This opening sentence from a Guardian article the other day refers to the case of R (Hemmati & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 2122. It is a pretty good summary of what the court decided, in a case with major implications for asylum seekers who were detained pending removal from the UK under the Dublin III Regulation. Background: the case of Al Chodor Under Dublin III, which determines the EU member state responsible for processing an asylum seeker’s application, the authorities of one EU country…

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