72
The new powers appear to be a response to a decision of the High Court...
Conclusion
The new powers appear to be a response to a decision of the High Court in 2022, which held that the Home Secretary had acted unlawfully by having an unpublished blanket policy to search for, and seize, mobile phones from migrants arriving in small boats from France. The court held, in particular, that existing powers only allowed searches for, and seizure of, mobile phones in specific circumstances. It followed that the general seizure of phones breached Article 8, because it was not ‘in accordance with the law’.111 Compatibility with Convention rights
Source
Committee
Human Rights (Joint Committee)
Report
4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill
20 Jun 2025
HC 789
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
1.0 yr
Report published
20 Jun 2025