Podcast Location:
Download it here [file size: 22.2 MB]
Categories:
Immigration and Asylum Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to provide practitioners with a guide to immigration detention. It covers the Hardial Singh principles; key cases including Lumba and Krasniqi; the limitations on statutory powers; the approach of the courts; the human rights and public law considerations in relation to immigration detention; as well as some practical points on the processes involved in challenging unlawful detention.

Outcomes:
After completing the course you will:
  • Understand the Hardial Singh principles and how they have been applied by the courts;
  • Appreciate the relevant factors which Lord Dyson listed in R (I) v Secretary of State for the Home Department and why they are relevant;
  • Be aware of the case of Lumba and the impact it has had on immigration detention;
  • Have comprehended the differences between the common law approach and the European Court of Human Rights;
  • Recognise the human rights and public law issues which arise in immigration detention cases;
  • Have knowledge of the processes involved in challenging an unlawful detention.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • Lumba v Secretary of State for the Home Department [2011] UKSC 12;
  • R v Governor of Durham Prison ex p Hardial Singh [1984] 1 WLR 704;
  • R (A) v Secretary of State for the Home Department [2007] EWCA Civ 804;
  • R (Francis) v Secretary of State for the Home Department [2014] EWCA Civ 718;
  • R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888;
  • R (Krasniqi) v Secretary of State for the Home Department [2011] EWCA Civ 1549;
  • R (MH) v Secretary of State for the Home Department [2010] EWCA Civ 1112;
  • Borders, Citizenship & Immigration Act 2009;
  • European Convention on Human Rights.
Tags:

In this CPDcast Rory Dunlop from 39 Essex Chambers, a leading expert on immigration detention, discuss a range of issues which arise in this area including: the Hardial Singh principle; the limitations on statutory powers; key case law; and the human rights and public law issues which arise in relation to unlawful detention.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales.

This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: 32.18

Date Recorded: 1st December 2014

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