The Immigration Act 1971 introduced powers for immigration officers to detain asylum seekers in immigration detention centres or prisons while the Home Office considers their application. There is no time limit on the period of detention and detainees do not initially receive a detailed written explanation as to why they are detained.
According to a UNHCR study, the UK detains more people for longer periods and with judicial supervision than any comparable country in Europe (Reception Standards for Asylum Seekers in the European Union, 2000). The Nationality, Immigration and Asylum Act 2002 has further extended powers to authorise and extend detention by allowing UKBA case owners to decide and detain someone as well.
On 29 December 2007, there were 2,095 people detained under immigration powers of which 1,455 had at some stage claimed asylum. An additional small number are held in prisons but these are not separately recorded. Although the Home Secretary has confirmed the Government’s commitment to stop detaining asylum seekers in prisons, this practice is unlikely to stop completely. The Government maintains it will continue to have to detain some immigration detainees in prisons, including asylum seekers, for security and control reasons.
People can be detained at any stage of their application for asylum. Detained asylum seekers should obtain legal advice to try to negotiate their temporary admission to the UK or bail. You can find a list of organisations that can help at the end of this section.
Removal centres
The 2002 Act renamed detention centres ‘removal centres’. The authorities deliver appeal decisions in person to facilitate the process of detention and removal, and take the unsuccessful appellant directly to a removal centre. This helps the Government to speed up removal procedures and meet removal targets. But removal centres also continue to take in new arrivals – asylum seekers whom the Home Office thinks are likely to abscond and whose applications it thinks can process quickly.
In March 2007 immigration removal centres in use across the UK were (capacity numbers are in brackets):
- Campsfield House, Oxfordshire (198, men only)
- Colnbrook, Heathrow (273, men only plus 40 short term holding facilities for men and women)
- Dover Removal Centre, Kent (316, men only)
- Dungavel House in South Lanarkshire, Scotland (190, men, women, families)
- Harmondsworth Removal Centre, Heathrow Airport (501, MEN ONLY)
- Haslar, Portsmouth (160, men only)
- Lindholme, South Yorkshire (112, men aged over 21 only)
- Oakington, Cambridgeshire (265, men and women)
- Yarl’s Wood Removal Centre, Bedfordshire (405, women and families
- Brook House, Gatwick (426 places)
- Tinsley House, Gatwick (146 places, single males and females and families)
The Government has been gradually expanding its detention capacity. The UKBA plans to increase immigration detention places by up to 60 per cent. Two possible sites - Bicester in Oxfordshire and Yarl’s Wood in Bedfordshire - are being considered for the new removal centres. The site in Oxfordshire would provide around 800 beds; Bedfordshire would provide up to 500 beds.
The proposed new centres are in addition to the new 426-bed centre at Brook House, near Gatwick Airport. Manchester short-term hold facility (STHF) has been refurbished and expanded. The new 32-bed centre was formally opened on 5 December 2008. The UKBA will also add 100 new spaces in centres at Dover and Oakington. Two of the wings at the existing Harmondsworth centre, near Heathrow airport, are being demolished in preparation for building two new secure wings that will add a further 370 beds. The new wings are expected to be opened later in 2010.
Some immigration detainees are held in ‘holding centres’ at airports or harbours. Individuals can also be detained for short periods of time in police stations and appeal hearing centres. UKBA has drafted specific operating standards for removal centres on implementing removal centre rules. You can view these on the Home Office website.
Centres are also regularly inspected by her Majesty’s Inspector of Prison whose reports may be found on the HMIP website.
Reasons for detention
Immigration officers and asylum case owners may detain asylum seekers, including families with children, at different stages in the asylum process. These powers are not unlimited. Common permissible reasons for detaining are if there is a reasonable fear that the person or family will abscond or if they fail to attend appointments as required.
The Government has limited powers to detain people to facilitate the processing of their application, for example for administrative reasons. It may also use detention when deportation orders or removal directions have been served or if the asylum seeker is detained while travel arrangements are made. This has become increasingly common as detention spaces are increased and the Government works to reach its removal targets.
The Government only detains unaccompanied children and people with serious medical or mental health conditions in exceptional circumstances. For detailed information on officers operate criteria for detention, see chapter 55 of UKBA’s Enforcement Instructions and Guidance on the Home Office website.
Until recently, Article 5 of the European Convention on Human Rights ensured that someone could only be detained for immigration reasons to prevent them unlawfully entering the country or to facilitate removal. However, the House of Lords ruling in the case of Saadi allows the Home Office to detain asylum seekers solely for administrative purposes while their case is pending. The European Court of Human Rights later upheld this ruling. This means that there does not even need to be any suggestion of the applicant committing an offence for them to be detained. This mainly applies to fast track procedures below.
Detained fast track (DFT) suitability
If an immigration officer at the screening stage believes s/he can fast-track an application, s/he can decide to detain. The three immigration removal centres used for this purpose are Harmondsworth, Oakington and Yarl’s Wood.
Before deciding to fast track, immigration officers check whether a case falls into any of the categories marked as unsuitable for fast tracking. Unsuitable cases are primarily torture victims and women who are at least 24 weeks pregnant. In July 2008, the UKBA implemented a decision to increase the number of asylum cases processed under detained fast track arrangements.
Where a case meets the published DFT suitability criteria and a decision has not been taken on the application, it may enter the DFT process. Cases that may not have been initially routed through DFT may now be transferred there at a later stage, whether shortly after screening, at or after the first reporting event, or following an asylum interview. According to UKBA, a change in operation considerations or in the applicant’s circumstances is what determines someone’s entry into DFT.
The guidance also provides a list of countries believed to be suitable for fast tracking on the basis that they are ‘safe’ and thus applications from these countries are unlikely to be well-founded. The Government has the power to fast track a national of any country. However, in practice it is virtually always nationals of the listed countries that are fast tracked. See Non-suspensive appeals.
Bail applications
Unlike people charged with a criminal offence, people detained under immigration powers are not automatically brought before a court that will examine the lawfulness of their detention. They have the right to a bail hearing but they have to initiate the process and apply for it.
Detainees apply for bail to a chief immigration officer, an immigration judge or the Secretary of State. But asylum seekers have practical difficulties in securing bail. There is no absolute requirement for sureties but bail will sometimes only be granted if someone can produce a surety on behalf of the detainee. This is when another individual agrees to be responsible for ensuring the applicant complies with the conditions of their bail. Sometimes a sum of money must be provided to guarantee bail. Sureties can be quite high. So getting bail is very difficult for someone with no money or contacts in the UK.
Many detained asylum seekers depend on asylum support for housing if released. Asylum seekers who do not have a bail address can apply for Section 4 accommodation to satisfy bail requirements. Bail for Immigration Detainees (BID) has published a notebook on bail explaining how to apply for release from detention and with Refugee Council, a leaflet on video link bail hearings in a number of refugee languages. Hard copies of the notebook can be sent free of charge to any detention centre or prison. In addition, BID has produced bulletins on specific issues for immigration detainees and those helping them. All are available on the BID website.
Detention of families
Immigration officers do refer some families with children to detention centres where they are held while their applications are processed. Dungavel, Yarl’s Wood and Tinsley currently have facilities to detain families. Current policy states that children stay for a maximum of 72 in Tinsley House and Dungavel House. UKBA then transfers them to Yarl’s Wood where they can be held indefinitely but detention beyond 28 days requires ministerial authorisation. Children in families may also be detained at short term holding centres before being sent back home or transferred to a removal centre.
Save the Children estimates that the Home Office detains 2,000 children (of asylum seeking families) each year, and have documented periods of detention lasting from 7 to 268 days. On 29 December 2007, there were 35 children in detention of whom 29 per cent had been in detention between 29 days and two months. Fifteen per cent had been detained for between two and three months.
The detrimental effects of detention on children’s development and their emotional and physical well-being are well documented. Despite this, the Home Office continues to detain children with families.
Advice and assistance
Bail for Immigration Detainees (BID)
28 Commercial Street
London E1 6LS
Tel: 020 7247 3590
Fax: 020 7247 3550
BID specialises in preparing and presenting bail applications for people detained by the UK Border Agency.
Portsmouth, Haslar
Tel: 023 9229 1916
Fax: 023 9229 1913
Oxford, Campsfield (open Mondays, Wednesdays and Fridays, 1.30pm – 4.30pm)
Tel: 0845 3304 536
Fax: 0845 3304 537
Unit B3
62 Beechwood Road
London E8 3DY
Tel: 020 7254 6888
Fax: 020 7254 8555
das@detentionadvice.org.uk
Advice, information and support to people detained or threatened with detention.
PO Box 7
Oxted
Surrey RH8 0YT
Tel: 01883 717275
coordinator@aviddetention.org.uk
AVID is the national charity for visitors’ groups providing advice and information.
Visitors’ and campaign groups
Campsfield House Removal Centre
Asylum Welcome
276a Cowley Road
Oxford OX4 1UR
Tel: 01865 722082
Fax: 01865 792532
Dover Removal Centre
Dover Visitors Group
PO Box 366
Ashford TN27 0XQ
Tel: 01233 840161
Dungavel House Removal Centre
Scottish Refugee Council
Tel: 01412 489799
dpolfreman@hotmail.com
Harmondsworth Removal Centre
London Detainee Support Group
77 Holloway Road
London N7 8JZ
Tel: 020 7700 0606
Fax: 020 7700 4433
ldsg@lineone.net
Haslar Removal Centre, Portsmouth
Haslar Visitors Group
All Saints Centre
Commercial Road
Portsmouth PO1 4BT
Tel: 02392 39222
HMP Walton and HMP Altcourse, Liverpool
Walton Visitors Group
116 Upper Warwick Street
Liverpool L8 8HE
Tel: 0151 709 7284
Lindholme Removal Centre near Doncaster
DAVID
PO Box 145
Selby YO8 4WW
Tel: 01302 782928
Maghaberry Prison near Belfast
Northern Ireland Detention Visiting Group
c/o MCRC, 9 Lower Crescent
Belfast BT6 4JG
Tel: 02890 244639
Manchester Airport Holding Centre
MIDST
2 Cranborne Close
Lostock
Bolton BL6 4JG
Tel: 01204 468564
Oakington Removal Centre
Oakington Friends Visiting Group
7 Mill Road
Oakington CB4 5AQ
Tel: 01223 843544
Tinsley House Removal Centre
Gatwick Airport
Gatwick Detainees Welfare Group
225 Three Bridges Road
Crawley
West Sussex RH10 1LG
Tel: 01293 434350
Fax: 01293 434351
GDWG@gatwickdetainees.freeserve.co.uk
Yarl’s Wood Removal Centre near Bedford
Yarl’s Wood Befriending Group
26 St Peters Street
Bedford MK40 2NN
Tel: 01234 330836
Stop Arbitrary Detention at Yarl’s Wood (SADY)
22 Chaucer Road
Bedford MK40 2AS
Tel: 07786 517379
Contact AVID for services in other areas.
