At GigaLegal Solicitors, we have observed a worrying rise in immigration detention cases over the past week. Alarmingly, some individuals have been detained despite having a lawful basis to remain in the UK.

In just the past few days, our legal team has successfully secured the release of two clients:

Case 1: Detained for anentire working day, despite holding a valid immigration status.

Case 2: Detained over theweekend and released earlier this week, despite not being liable for removal.

Both cases involved elements ofunlawful detention and were resolved through swift legal intervention.

When Can the Home Office Lawfully Detain Someone?

Under UK law, immigrationdetention should only be used in specific circumstances, such as:

- To effect removal where there is no lawful basis to remain.

- To establish identity where documentation is lacking.

- To prevent absconding when removal is imminent.

Detention must never bearbitrary. Where a person has an outstanding application, appeal, or validvisa, they are generally not liable to removal. Section 3C of the ImmigrationAct 1971 protects lawful residence in cases where an application or appeal ispending.

Steps to Take if You or Someone You Know Is Detained

Request Written Reasons for Detention: Obtain confirmation of why you have beendetained and the legal basis for it.

Contact an Immigration Solicitor Immediately: Early legal action can challenge unlawfuldetention and secure release.

Check Immigration Status: Pending applications, appeals, or valid visas canprevent lawful detention.

Request All Detention Paperwork: This includes the IS91 form, detention authority,and removal directions.

Apply for Immigration Bail:  Secretary ofState Bail: Direct application to the Home Office. First-tier Tribunal Bail:Independent application to the tribunal, often effective if the Home Officerefuses release.

Act Quickly: The sooner action is taken, the greater the chance of releasebefore removal directions are enforced.

Why Speed Matters

In both recent cases, GigaLegal’srapid intervention, reviewing legal status, corresponding with the Home Office,and applying legal pressure, led to early releases. In one case, the client hadbeen told they would remain detained for five days, but was freed much sooner.

Our Message

Immigration detention should be alast resort, not a routine measure. Unfortunately, even individuals with lawfulstatus can face detention. Knowing your rights and acting immediately can makethe difference between days in detention and a swift release.

If you or someone you know isdetained, contact GigaLegal Solicitors immediately. Our team acts fast toprotect your rights and challenge unlawful detention.

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