Unlawful detention is the act of being held in custody outside of legal boundaries whilst the application for asylum in being reviewed.  Under such circumstances the law allows one to be compensated for claims bought under Article 5 of The European Convention on Human Rights.

Claims for monetary compensation can be brought against authorities such as the immigration officials, police or other State bodies responsible for detaining you. Claims for false imprisonment under the breach Article 5 of The European Convention on Human Rights can also generally be made.

• unaccompanied minor – if you are minor; you must either be under 18 or yet to have your age verified by an age assessment
• those with a severe disability
• those with an infectious or contagious disease
• pregnant females who are 24 or more weeks pregnant
• those suffering from a mental illness
• those who require constant medical care
• those with evidence of being the victim of torture or trafficking 

If you do not wish for monetary compensation our team can help you in obtaining apologies, admissions of wrongdoing, encouraging change in policies by a certain authority and/or encouraging changes in detention procedures followed by the Police, Prison or Immigration authorities.

• Legal Aid- the availability of such funding will be advised by our team of solicitors based on the merits of your claim, as well as the likely compensation available.
• Conditional fee offers – our team of legal expertise may be able to assist you on a no win no fee basis by entering into a conditional fee if you do not qualify for Legal Aid.
• Private fee arrangements- our friendly and experienced team can offer you affordable rates and where possible offer an agreed fee for the varying stages of your case.

Here at Lawfare Solicitors we specialise in immigration detention cases, this entails where an individual is held under detention on the basis of suspected visa violation, illegal entry into the country or unauthorised arrival and those subject to removal and deportation. Our team of expert lawyers can assist you if have been detained on unfair terms, where is it proven that you cannot be removed from the country but were still detained.  Our expert team of solicitors are well aware of the rapidly changing immigration law and are highly qualified in this field. 

We offer extensive experience in unlawful detention and will assist in securing release from detention and monetary compensation if your case is proven to have a period of detention that was unlawful. 

Our immigration services are offered in the matters of:

• Assessing the legality of detention and the possibility of compensation for claims of damages. 
• Applications for temporary realises 
• Provide representation at bail hearings  
• Lodging appeals for judicial review (Upper Tribunals) 
• Assisting in cases of refused visas
• Obtain High Court and Upper Tribunal injunctions for release

We understand how essential legal representation is in order to ensure that the rules are applied correctly in each case and offer our bespoke services to our clients. We are currently working on various Educational Testing Service (ETS) TOEIC cases where the clients have been vindicated/exonerated by the First-tier Tribunal (FTT) or Upper Tribunal (UT) from the deception allegation and have been granted further leave to remain in the country by the Home Office by implementing FTT or UT decision. If you are one of ETS TOEIC victims and have won your appeal or Judicial Review application contact us immediately to have your case assessed by one of our senior solicitors. There is no charge of an initial consultation and you will be advised whether we can take your cases on ‘no win no fee’ basis.

Our firm is also committed in handling cases where one’s liberty is breached due to immigration authorities taking a long period to decide the eligibility for asylum. This also applies to those that were released on conditional bail and also those who were not held in detention when the decision was pending. Here at Lawfare Solicitors, we will advise you on whether a claim for compensation can be made for delayed asylum decisions and the amount of compensation available to you. Legal aid is available to our clients and the eligibility will depend on the merits of your case.