Immigration Detention, Deportation and Judicial Review in the Age of Covid 19

In: European journal of law and public administration, Band 9, Heft 2, S. 125-153

Abstract

The first significant issue arising out of the COVID-19 pandemic for migrants who have been refused stay to come before the Administrative Court has been the question of the continued legality of immigration detention in the face of the risks and practical difficulties arising from the crisis. The pandemic raises two vital issues affecting the legality of immigration detention; on the one hand, that detainees may invite an increased risk of infection by reason of the "congregate" setting of detention centres, and on the other that removals in the short term will not be possible and that the probability of removal is uncertain even in the medium term. The issue is if the Home Office policy is "irrational and discriminatory" in its approach, which has led to inconsistencies in how the detention cases are handled. This paper enquires if the merit based judicial review can expedite the cases where administrative detention is concerned in circumstances of medical emergency. The argument here is that the Home Office should give full credence to the medical impact of detention to act in accordance with the Hardial Singh principles and by keeping in perspective the pandemic and the BMA reports of the unreasonableness of detention before deportation.