Brother detained after reporting to court with pending Upper tribunal

[Diida]

Please I need help and clarification.

My brother has been married to his E.U wife since 2013 and she has gotten her Eea 1 card while his application was refused. He has been picked up and in detention 2 times for a couple of weeks and granted bail on both occasions, they have evidence to show that they have lived together for over 3 years including bank statements. Last application was refused and reason is marriage of convenience. He made an appeal and his wife was unable to attend and due to this appeal was refused a couple of weeks ago. He has now sent an appeal to the Upper tribunal and while waiting to hear from them he received a letter to report and sign every 4 weeks. First day was today and he went only for me to get a message that he has been detained and is been moved elsewhere.
I am just confused as I wasn't aware that you can be detained while you have a pending appeal with the Upper tribunal. He also mentioned he wanted to get a. divorce as he wants kids and she doesn't want any. Can anyone please help us. Thank you

[Jessykwik]

The HO introduced a policy i believe in December 2016 that stated you could be detained, removed/deported even if you had appeal pending, and a number of individuals were harassed and unfairly treated in that manner, including one of my cousins, until the supreme court came out to declare it as 'unlawful and unfair' - https://www.freemovement.org.uk/supreme ... -unlawful/

My cousin had appeal pending n the tribunal yet they came to his house to arreast and detain him, seeking to deport him. He was married to an EEA national, applied for the card, got refused and later on applied for RoR as the marriage had lasted for almost 5 years, howbeit, it collapsed. When he was refused again, he appealed and it was pending when he was picked up around April this year.

They called it "Deport first, Appeal later'

Now, since its been declared as 'unlawful', I don't know why they detained your brother again.

[Diida]

Thank you so much for this