Published 16th February 2017

Immigration detention unfair to detainees lacking capacity

In a judgment handed down on 16 February 2016 the Administrative Court has held that those detained under immigration powers who lack mental capacity face a systemic risk of unfairness, as no provision is made for those without legal representation to be provided with assistance in making representations in response to decisions to detain, and other decisions affecting conditions of detention.

Hamish Arnott of Bhatt Murphy and Martha Spurrier of Doughty Street Chambers instructed by the Official Solicitor acted for VC


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