Today we have received excellent news that our client has been released from Yarl’s Wood Immigration Removal Centre after the Home Office conceded to our Pre Action Letter threatening to take High Court action if she was not released immediately.
AA was detained at the beginning of this year and served with removal directions. However, following an application for asylum, these removal directions were cancelled, yet she remained in detention. The Habeas Corpus Project applied for Temporary Admission for AA on the basis that with a pending asylum application the length of time AA would be detained would be unreasonable, thus making detention unlawful. By this time AA had already been detained for 3 months, deemed a “considerable” amount of time according to the Guidance issued to Bail Judges. However on 5th April 2016 the Home Office was swift to reject this Temporary Admission request denying the length of her detainment would be unreasonable. Yet it is unforeseeable how long an application appeal will take and as such the Habeas Corpus Project sent a Pre-Action Letter to the Home Office asking them to re-evaluate this decision. Thanks to our letter the Home Office conceded as such AA will be released and able to continue her application appeal whilst living in the community.
The grounds of her Pre-Action Letter were weighted upon the principles of Hardial Singh which state that “if it becomes clear that removal is not going to be possible within a reasonable time, further detention is not authorised.” Detention is only legal is removal is imminent, and when immigration proceedings are still ongoing this is often not the case, yet often people are detained nevertheless. We are very happy that AA has been released and hope for similar successes in other cases challenging unlawful detention!