Not too late to BOOK! see thread👇for details of our webinar @ 3pm 2day on #unlawfuldetention - @IqbalSamina & Pierre Georget speaking from @GoldsmithIMM_PL & hosting 3 major forces in this field: @BIDdetention @DetentionAction @jamescwilson35 @JRSUK @NaomiZBlackwell-do join us! 
https://twitter.com/GoldsmithIMM_PL/status/1366779525707796482
@SarahPinder2 welcomes and introduces our panelists today - experts in their field - looking forward to this webinar and collaborations - @IqbalSamina Pierre Georget @pmakhlouf @BIDdetention @NaomiZBlackwell @JRSUK @jamescwilson35 @DetentionAction
@IqbalSamina starts us off with looking at unlawful detention, the main principles and relevant legal frameworks
@IqbalSamina taking us through the Hardial Singh principles - and what to watch out for in practice when making unlawful detention claims
@IqbalSamina continuing with the HS principles: due diligence with reference to the Home Office's own actions and whether any delay for example - but highlighting a high threshold
Senior practitioner Pierre Georget now taking the floor/zoom after our joint-head of team @IqbalSamina - whizzing through Schedule 10 of the 2016 Act - providing the framework and relevant matters for an immigration bail application
Pierre also covers the Presidential Guidance providing guidance to FTT Judges on bail - always worth quoting from the tribunal's own guidance but Pierre highlights the uncertainties in terms of procedure that comes with different judges.
Pierre also compares and contrasts bail applications with unlawful detention claims and how the issues may inter-play and have different ramifications
Pierre is now taking us through the relevant considerations for bail and unlawful detention cases - look at barriers but also a 'risk factor' assessment
Pierre finishing off his presentation by sharing what he does when preparing for a bail application/hearing - keeping an eye on person's substantive case, why removal may not be imminent, what are the risks if any & how these can be addressed in community-all w/ evidence if poss!
Pierre starts presentation w/ reminder from @BIDdetention evidence in Idira (2015): ‘The D has created a separate facility for immigration detainees precisely because she recognises that the paradigm case of immigration detention neither requires nor justifies incarceration.'
Pierre now covers recent success in High Court in case of SM v Lord Chancellor - highlighting the different treatment of detainees in prisons when it comes to access to legal advice...
A word of caution from Pierre however: SM provides grounding to claim that person in prison has been unable to access advice on their deportation/asylum/immigration matter - may still need to show that failure to access legal advice has significantly disadvantaged Claimant...
Concluding his presentation, @pmakhlouf focuses on encroachment of detention powers on bail conditions, highlighting common threads discussed by each panel member today: barracks, locked doors in TinsleyHouse, GPS tagging & procedure when it comes to variation applications...
We are now listening to @NaomiZBlackwell Detention Outreach Manager @JRSUK sharing information collated from work in Napier Barracks with breaking news that has just been announced - Penally Barracks is to close this Monday...
@NaomiZBlackwell sharing the impact on detainees of being detained in places like Napier Barracks, isolated geographically, poor living conditions, pressure & harassment from groups outside centres, legal advice deserts, no direct access to healthcare/Rule 35 assessments and more
Many detainees have been confining themselves to their rooms/beds due to poor conditions and have experienced high levels of self-harm. @NaomiZBlackwell shares Pierre's concerns over the encroachment of detention on supposedly open reception centres...
@NaomiZBlackwell also shouting out to our very own @saraanzani for her invaluable help with a detainee recently and securing relief from a proposed removal under Dublin III last december
@jamescwilson35 of @DetentionAction is now addressing audience giving round-up of the figures of those detained by Home Office at any one time & sharing background to @DetentionAction 's challenge last year brought as a result of pandemic impact on removals (not being imminent)
@jamescwilson35 @DetentionAction challenge resulted in Home Office agreeing to reconsider its policies & position of detaining during the pandemic. This did result in a dramatic reduction of the use of detention last year and the numbers have generally stayed low since...
@jamescwilson35 @DetentionAction highlights: statistics/numbers do not objectively justify huge resources spent on imm detention-over 60% of detainees in 2019 eventually released in community & not removed. @jamescwilson35 also questions need for new removal centre for women
@jamescwilson35 @DetentionAction agrees w/ panel that need to keep a close eye on the blurring of lines btw detention and bail conditions. New project also being run by @DetentionAction providing pastoral care to those detained/at risk of as a result of criminal deport action
& that's a wrap - thank you to all our attendees & @IqbalSamina Pierre Georget & @SarahPinder2 of @GoldsmithIMM_PL & @pmakhlouf & @ViswanathanAC @BIDdetention @NaomiZBlackwell @JRSUK & last but not least @jamescwilson35 @DetentionAction - a HUGE thank you for presenting w/ us!
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