According to the Terrorism and Immigration Act 2018, all recent refugees arriving in the UK seeking asylum are to be kept detained until their claims are processed and it can be ascertained that they do not pose a terrorist threat. The local detention centres are run by a private firm, ‘Home Away from Home.’ Estela, a recently arrived asylum seeker has been detained in one of the privately run facilities, and has had her room searched regularly by ‘Home Away from Home’ private security guards in case she has any contraband in her possession. As she has to wait outside while they are searching her room, Estela fears that the security guards may go through her private correspondence whilst searching. Advise Estela on any claims she may make on the grounds of the HRA 1998, including reference to any procedural requirements. [Note: This is a hypothetical scenario and the Terrorism and Immigration Act 2018 is not real legislation.]


  • It is unlawful for a public authority to act in a way which is incompatible with Convention rights.
  • Estela could argue that these actions were illegal under Article 5 and 8.
  • Estela has sufficient interest in the matter so therefore fulfills this requirement.
  • This Act breaches Convention rights, as the public authorities must act fairly and without bias. Estela could therefore seek judicial review under procedural impropriety, and that the Act is therefore unlawful.

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