Immigration Detention and the Rule of Law

A new report co-authored by one of the Centre's DPhil students, Sophie Eser with Michael Fordham QC and Justine Stefanelli has just been released by the Bingham Centre for the Rule of Law at the British Institute of Comparative and International Law.  Entitled Immigration Detention and the Rule of Law: Safeguarding Principles, the report sets out 25 safeguarding principles, ranging from Equality, ‘Everyone, whatever their immigration status,has a basic right to equal treatment under equal law’; to Compensation, ‘Everyone unlawfully detained is entitled to adequate compensation reflecting the violation of their rights.’

Such principles, the authors assert, ‘are intended to be capable of giving protection which is practical and effective. The arise from a legal and factual context’ (p.1). Based on extensive, legal, policy and academic research, this report is a welcome addition to the literature on immigration detention, situating this practice in a comparative and international legal framework.