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Migration, Citizenship, and Free Movement

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Category: Legal Remedies

Home Office immigration powers extend to the detention and sale of transporters. Under statutory warrant there is both civil and criminal jurisdiction in relation to the liability of carriers of persons subject to immigration control who lack the necessary authorisation to lawfully enter the United Kingdom on arrival. Where a civil penalty is imposed and remains unpaid, the Secretary of State has swinging powers to detain a transporter (even one other than the one used that gave rise to the penalty) and, where the penalty remains unpaid, to sell it.
February 18, 2026February 18, 2026Adrian Berry

The Detention and Sale of Transporters in Carriers’ Liability Civil Penalty Law: Part 1 – Detention

The immigration status-based civil penalty employment scheme is to be extended beyond employment cases to other work characterised as self-employment. Businesses securing services from individuals by way of sub-contracting, agency work, or in the gig economy need to be prepared.
August 27, 2025August 27, 2025Adrian Berry

Immigration Civil Penalty Employment Scheme to be extended to Sub-contractors, Agency Workers and the Gig Economy (Border Security, Immigration and Asylum Bill 2025)

The Interim Remedies clause was omitted from the Illegal Migration Bill in a vote on an amendment in the House of Lords at Report stage. To uphold the constitutional principle of the rule of law, the Lords must resist its re-inclusion into the Bill by the Commons.
July 12, 2023July 12, 2023Adrian Berry

The Illegal Migration Bill: the Interim Remedies clause and the Rule of Law

The Illegal Migration Bill: Lessons from Privy Council Commonwealth cases on the Separation of Powers principle
June 2, 2023June 2, 2023Adrian Berry

The Illegal Migration Bill: Lessons from Privy Council Commonwealth cases on the Separation of Powers principle

Much has been said about the incompatibility of provisions in the Illegal Migration Bill with the treaty-based rights of asylum seekers looking to secure Refugee status. Too little has been said about the way in which the Bill’s provisions interfere with the role of judges as the judicial branch of government.
May 23, 2023May 23, 2023Adrian Berry

The Illegal Migration Bill: Breach of the Separation of Powers principle

The Illegal Migration Bill contains provisions, the use of which would frustrate the effect of interim measures from the European Court of Human Rights (ECtHR) in Strasbourg. In practice this means that such interim measures would have limited or perhaps no legal effect in stopping the Home Secretary removing from the UK persons subject to immigration control, including those seeking asylum. This is no need for this measure.
April 1, 2023April 1, 2023Adrian Berry

The Illegal Migration Bill: Interim Measures from the European Court of Human Rights

Human Rights at Sea: Italian Lessons for the UK on Jurisdiction in A.S., D.I., O.I. and G.D. v Italy
January 16, 2022January 17, 2022Adrian Berry

Human Rights at Sea: Italian Lessons for the UK on Jurisdiction in A.S., D.I., O.I. and G.D. v Italy

Age Assessments
December 8, 2021December 8, 2021Adrian Berry

Age Assessment Provisions in the Nationality and Borders Bill

Removing Asylum-Seekers under the Nationality and Borders Bill: the Legal Foundation for Off-shore Processing
October 21, 2021October 21, 2021Adrian Berry

Removing Asylum-Seekers under the Nationality and Borders Bill: the Legal Foundation for Off-shore Processing

3rd Country Rules on the Inadmissibility of Asylum Claims in the Nationality and Borders Bill
October 20, 2021October 20, 2021Adrian Berry

3rd Country Rules on the Inadmissibility of Asylum Claims in the Nationality and Borders Bill

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