Immigration detention is one of the most distressing situations a person can face. Being held in an Immigration Removal Centre (IRC) — sometimes for weeks or months — with limited information about what will happen next is a deeply unsettling experience. Yet many people in immigration detention are unaware of the legal rights they hold, the limits the law places on how long they can be detained, and the options available to challenge their detention if it is unlawful or disproportionate.
Our immigration solicitors in Bolton provide urgent advice and representation to individuals in immigration detention and their families, and can act quickly to challenge detention and seek release.
What Is Immigration Detention?
Immigration detention is the detention of a person by the Home Office under immigration powers — as opposed to detention following a criminal conviction. It is used where the Home Office wishes to remove or deport someone from the UK and believes that person needs to be held to ensure they do not abscond before removal can be effected.
Immigration detention is governed primarily by the Immigration Acts — in particular the Immigration Act 1971 and the Immigration, Asylum and Nationality Act 2006 — and associated rules and guidance. Unlike police detention under PACE, there is no fixed statutory time limit on immigration detention. This makes it particularly important to understand the legal constraints that do apply and to challenge detention robustly where those constraints are not being met.
Where Are People Held in Immigration Detention?
People subject to immigration detention may be held in one of several settings:
- Immigration Removal Centres (IRCs) — dedicated detention facilities managed by the Home Office or contracted private companies, including Colnbrook, Harmondsworth, Brook House, and Yarl’s Wood
- Short-Term Holding Facilities (STHFs) — smaller facilities used for shorter periods, typically near ports of entry
- Prison — where a person has served a criminal sentence and is then held under immigration powers pending removal, they may initially remain in prison as a civil prisoner
The Legal Basis for Immigration Detention
The Home Office can only detain a person where there is a legal power to do so and where detention is justified in the individual circumstances. The power to detain is not unlimited. The leading case of Regina v Secretary of State for the Home Department ex parte Hardial Singh [1984] established four principles that all immigration detention must satisfy — known as the Hardial Singh principles:
1. The Home Office must intend to remove or deport the person and detention must be for that purpose.
2. The Home Office can only detain a person for a period that is reasonable in all the circumstances.
3. If it becomes apparent that removal will not be possible within a reasonable time, the Home Office must release the person.
4. The Home Office may only detain a person for a period that is reasonably necessary to effect the removal.
Where any of these principles are not satisfied — for example because there is no realistic prospect of removal in the foreseeable future, because the person cannot be removed due to a legal barrier, or because the period of detention has simply become unreasonably long — the detention is unlawful and can be challenged.
Your Rights in Immigration Detention
Despite being detained, you retain important legal rights throughout your time in an IRC or other detention facility:
The right to legal advice — you have the right to consult a solicitor at any time. If you cannot afford one, you may be entitled to legal aid. Do not attempt to deal with your immigration case without legal advice.
The right to apply for immigration bail — you can apply to the First-tier Tribunal (Immigration and Asylum Chamber) for immigration bail at any time after you have been detained. Bail can be granted subject to conditions — such as a requirement to live at a particular address, report to the Home Office regularly, or provide a financial surety. We cover this in more detail below.
The right to challenge your detention by judicial review — if your detention is unlawful under the Hardial Singh principles or because the Home Office has failed to follow its own policies, you can apply to the High Court for a judicial review to challenge the detention and seek your release and compensation.
The right to be treated with dignity — the Home Office’s Detention Services Operating Standards set out minimum standards for the treatment of those in detention, including access to healthcare, food, exercise, and legal materials. Serious failures in these standards may form the basis of a complaint or legal challenge.
The right to know why you are being detained — the Home Office must provide you with written reasons for your detention at the outset, and must keep those reasons under review. You are entitled to see the Home Office’s own detention reviews.
The right to raise vulnerabilities — the Home Office’s Adults at Risk policy sets out categories of people who are considered particularly vulnerable and who should not normally be detained, or whose detention should be time-limited. These include pregnant women, people with serious mental health conditions, survivors of torture, and victims of trafficking. If you fall within any of these categories, this must be raised with your solicitor immediately.
Applying for Immigration Bail
Immigration bail is the mechanism by which a person in immigration detention can be released subject to conditions. An application for bail is made to the First-tier Tribunal and is heard before an immigration judge. The Home Office will attend and make submissions opposing bail if they believe continued detention is necessary.
Factors the Tribunal will consider include:
- Whether you are likely to comply with bail conditions
- Whether there are suitable bail address arrangements
- Your immigration history and any previous failures to comply with conditions
- The strength of your ties to the UK — family, employment, community
- The likelihood and timing of any removal
- Any vulnerabilities or health conditions
A well-prepared bail application with strong supporting evidence — including a proposed bail address, financial surety where appropriate, and evidence of ties to the UK — significantly increases the prospects of success. Our Visa Refusal and Appeals team handles immigration bail applications and can prepare and present your case before the Tribunal.
Challenging Detention by Judicial Review
Where detention is unlawful — for example because there is no realistic prospect of removal, because the period of detention has become unreasonably long, or because the Home Office has failed to follow its own policies — a judicial review application can be made to the Administrative Court of the High Court.
A successful judicial review of immigration detention can result in:
- An order for your immediate release
- A declaration that your detention was unlawful
- Damages for the period of unlawful detention
- A costs order against the Home Office
Judicial review is a complex and urgent process. If you believe your detention or a family member’s detention is unlawful, contact us immediately. Our unlawful detention solicitors act quickly in urgent situations and can advise on the prospects of a judicial review from the outset.
What About Deportation and Removal?
Immigration detention is frequently used in the context of deportation and removal proceedings. If you are being detained pending deportation or removal from the UK, you may have the right to challenge the underlying deportation decision as well as the detention itself. These are separate legal challenges that can run alongside each other.
Our Deportation and Removals team and our unlawful detention solicitors work together where a case involves both elements, ensuring your position is protected across every dimension of your case.
How Hi Solicitors Can Help
If you or a family member is in immigration detention, contact our solicitors in Bolton as soon as possible. We will advise on the lawfulness of the detention, make an urgent bail application if appropriate, and pursue a judicial review where the detention is unlawful. We understand how frightening this situation is and we act quickly.
Our Human Rights Application team also advises on the Article 5 ECHR dimension of immigration detention cases, ensuring every available legal avenue is explored.
Call 01204 371 414 for a free initial consultation available 24 hours a day, 7 days a week. All enquiries are treated in the strictest confidence.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: Is there a time limit on immigration detention in the UK?
Unlike police detention under PACE, there is no fixed statutory maximum period for immigration detention. However, detention must comply with the Hardial Singh principles — it must be for the purpose of effecting removal, for a period that is reasonable in the circumstances, and must cease if removal is not achievable within a reasonable time. In practice, detention that extends beyond several months without a clear prospect of removal is increasingly difficult for the Home Office to justify.
Q: Can you apply for bail from immigration detention?
Yes. You can apply for immigration bail to the First-tier Tribunal (Immigration and Asylum Chamber) at any time after being detained. The Tribunal can grant bail subject to conditions including a bail address, reporting requirements, and financial surety. A well-prepared application with strong supporting evidence significantly improves the prospects of success.
Q: What are the Hardial Singh principles?
The Hardial Singh principles are a set of legal constraints on immigration detention established by the courts. They require that detention must be for the purpose of removal, must be for a reasonable period only, must cease if removal cannot be effected within a reasonable time, and must be for a period only as long as is reasonably necessary. Where these principles are not met, the detention is unlawful.
Q: What is the Adults at Risk policy?
The Adults at Risk policy is the Home Office’s policy on the detention of vulnerable individuals. It sets out categories of people — including pregnant women, those with serious mental health conditions, survivors of torture, and victims of trafficking — who should not normally be detained or whose detention should be strictly time-limited. If you fall within a protected category, this should be raised with your solicitor immediately as it may be a basis for challenging your detention.
Q: Can I challenge my deportation while in immigration detention?
Yes. Challenging the deportation or removal decision itself is separate from challenging the detention. Both challenges can run simultaneously. If you have grounds to appeal a deportation decision — for example on human rights grounds — your solicitor can pursue the appeal while also seeking bail or challenging the lawfulness of the detention.
Q: What compensation can I claim if my immigration detention was unlawful?
If your immigration detention was unlawful, you can claim damages for the period of unlawful detention — including compensation for the loss of liberty itself, any distress and psychological harm suffered, and any specific financial losses caused. Claims of this kind are brought by way of judicial review or a civil claim for false imprisonment against the Home Office.