If you were subject to illegal immigration detention in the UK, you can file a claim against the Home Office UKVI for damages or compensation.
The Home Office UKVI can use unlawful immigration detention to hold a person if it is not legal to do so and is beyond the law’s boundaries. Individual liberty is of paramount importance and anyone who believes they have been unlawfully detained may be entitled for compensation.
A court could find your immigration detention illegal under the following circumstances
This list is not complete and does not include all possible circumstances under which illegal detention of immigrants may be declared unlawful by the court. In these cases, damages may be awarded by court.
What are the legal principles regarding illegal immigration detention?
The Claimant must prove that he was held in an unlawful immigration detention claim. Once detention has been established, the Home Office, UKVI (the Defendant), must show that it was legal in all circumstances.
Common law restricts the Secretary of State from exercising powers of detention. Woolf J (as he was at the time) set these limits in R v Durham Prison governor ex parte Hardial Singh 1 WLR 704 (“the Hardial Singh principles”)
“First, the 1971 Act can only authorize detention if an individual is being held in one case pending the issuance of a deportation order and in the other pending his removal. It cannot be used to serve any other purpose. Second, the power to detain is intended to allow the machinery for deportation to operate. Therefore, the power to detain is impliedly limited to the period reasonably necessary to accomplish that purpose. The Secretary of state should not seek to exercise his powers of detention if it becomes apparent that he will not be able operate the machinery in the Act to remove persons who are to be deported within a reasonable time.
In the landmark judgement of R (Walumba Lumba & Kadian Mighty) against Secretary of State for Home Department  UKSC 12, the Hardial Singh principles were unanimously accepted. This reiterated at paragraph 22 the correctness R (on application of 1 EWCA Civ 8888 in which Dyson LJ stated at paragraph 
Dyson LJ continued at paragraph “48” of I:
“It is impossible or desirable to compile an exhaustive list all circumstances that may be relevant to the question as to how long it is reasonable to the Secretary.”
The State may detain a person in the interim of deportation under paragraph 2(3) of Schedule 3 of the Immigration Act 1971. They include, however, at most:
Michael Fordham QC, sitting as Deputy High-Court Judge in R(Muhammad v SSHD  EWHC 755, (Admin), summarized the four Hardial Singh principles as follows:
What are the legal principles regarding damages for unlawful detention?
The cases now provide guidance on the appropriate levels of punishment for false imprisonment. These are the three main principles to keep in mind.
Thompson was given specific guidance (515D-F) by the court to state that in a “straightforward situation of wrongful imprisonment and arrest”, the starting point would be approximately PS500 for the first hour. A claimant wrongly held for more than 24 hours should normally be eligible for an award of around PS3,000. This case was decided over ten years ago. While it is important to remember that damages should not necessarily be determined mechanistically and to not overlook the imperative of not assessing damages in a straightforward manner, a claimant wrongly detained for 24 hours would normally be entitled to an award of about PS3,000.
Comparing quantum to cases that were decided before the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force on 1 April 2013, the Declaration of the Court of Appeal would be around PS1,000 for the first hour and PS6,000 if wrongful detention of 24 or more hours in July 2019.
What factors are likely to increase the damage?
The following factors are likely to increase damages for illegal immigration detention.
A 10% increase in damages was caused by changes in litigation funding resulting from the Jackson reforms. This meant that success fees could no longer be paid in cost.
These factors will likely reduce the damage for illegal immigration detention
Spouse Visa applications are complex. It is best to consult an immigration specialist before you apply. Before you submit your application, you will need to make sure you meet the required requirements.
Fill out the appropriate forms and gather your evidence to submit. These forms should be comprehensive and show that you are serious about your relationship.
Also, you must not book travel until you have received a decision by the Home Office.
MCR Solicitors is a reputable law firm with a track record of successful cases. Our lawyers are also highly skilled in this area. For professional advice and no obligation, contact MCR Solicitors online.
No, you do not have to meet the English language requirement and financial requirement for extension of spouse visa under 10 years route.
The most common reasons for refusal of spouse visa renewal under 5 years route include the following:
Your spouse’s or partner’s income can not be considered as part of your financial obligation unless they are legally allowed to work and live in the UK. The financial requirement can then be calculated based on household income.
Contact our team if you have any questions about how the law has changed in recent years.
You can appeal against a letter stating that your Spouse Visa has been denied. You will be informed by your letter of refusal if you are eligible for appeal. If you are eligible, you can submit additional evidence.
You will need to quickly appeal the decision or apply to another permit if you’re already in the UK. Avoiding the temptation to extend an expired status in immigration can lead to serious problems.