01 Feb 2012
'This book will be an up to date source of information for detainees, their advisers and others concerned with making and reviewing decisions to detain and remove … The authors are to be congratulated and it is likely that this book will join the body of long-established works in the libraries of those concerned with questions relating to the imprisonment of foreign nationals.' Sir Nicholas Blake, from his foreword.
'This is a comprehensive, clearly written and well-organised guide - an indispensable point of reference for any practitioner working with foreign national prisoners.' Nigel Caleb, Director, Detention Advice Service
Foreign national prisoners: law and practice is the first inter-disciplinary guide to the immigration law, prison law and false imprisonment aspects of legal challenges brought by foreign national prisoners and former prisoners (FNPs). The book provides a detailed analysis and critique of the case-law from the domestic, Strasbourg and Luxembourg courts; a comprehensive overview of the relevant legislation and prison and Home Office policies; and practical guidance. It includes the first detailed and practical guide to immigration detention for UK practitioners, including:
•the first analysis of the consequences of R (Lumba and Mighty) v SSHD;
•comprehensive overview of prison law issues as they affect FNPS including categorisation, Home Detention Curfew, Early Removal, the management of mentally ill prisoners and repatriation;
•in-depth examination of the role of the best interests of the child in expulsion and detention cases involving minors, following the Supreme Court's judgment in ZH (Tanzania) v SSHD;
•analysis of the application of EU law protections for the third national family members of Citizens of the European Union following the judgments of the Grand Chamber of the CJEU in Zambrano and Dereci;
•detailed examination of the law and procedure of appeals in the Special Immigration Appeals Commission (SIAC)
Foreign national prisoners: law and practice also includes:
•comprehensive analysis of the law and practice of deportation under the UK Borders Act 2007;
•in-depth review of the law governing exclusion from and loss of Refugee Convention protection;
•thorough analysis of the application of EU law in expulsion cases involving EEA nationals and their family members (under the Citizens' Directive and the EEA Regs 2006);
•detailed review of exclusion from Humanitarian Protection and immigration status for FNPs who are not deported;
•comprehensive overview of the application of ECHR Article 8 in criminal deportation cases;
•review of the principles governing awards of damages in false imprisonment cases.
•It is essential reading for immigration law and prison law practitioners and all those working with FNPs.