17 Children in detention: Clegg falls short on promise and other news

Enforced removal contracts: the abusive end-point of a broken immigration system

NCADC welcomes today’s report from the Home Affairs Select Committee, which raises concerns that the potentially lethal ‘head-down’ restraint technique is used during enforced removals, that racist language is used by escort staff, that there are too many escorts used in operations, and that risk assessments focus on the risk to escort staff rather the individual being removed.

We agree with its recommendations of better recording of medical conditions, an independent monitoring procedure, the need for urgent guidance to be issued to escort staff about restraint methods and research into appropriate restrain on aircraft, and the need to abolish the ‘reserve’ system during removals. Read more

BID: unlawful detention cases

A number of cases of former BID clients, which had been referred for unlawful detention claims in the Administrative Court reached judgment.  In all three cases summarised here, their detention was ruled unlawful.

In October 2011, the High Court found that the detention of Mounir Raki, a client of BID’s, for over four years was ‘self-evidently unreasonable’. BID referred Mounir to Leigh Day & Co Solicitors, who represented him in this case. The Judge found that there was medical evidence that Mounir’s mental health was deteriorating because of his detention and he was seriously self-harming. The case was covered in the Guardian. Read more

Child asylum seekers win compensation for 13-month detention

The Ay family, Kurdish refugees from Turkey, win six-figure payout from the Home Office eight years after childhood ordeal

Four children who were incarcerated in detention centres for 13 months – the longest time children have ever been locked up in the UK – have won a six-figure compensation payout from the Home Office more than eight years after their release. Read more

Immigration appeal fees coming soon

by freemovement on 14 December 2011

As previously highlighted on this blog, fees are to be introduced for immigration appeals. The date has now been set for this to begin: for notices of decision dated 19 December 2011 or later.

Strangely, as far as I can see, you won’t find anything about this on the Immigration and Asylum Chamber website. One might have thought some forewarning for litigants and their lawyers might be useful there in order to avoid invalid appeals come commencement. There is a short item about it on the UKBA website, at least. Read more

Reports: too many pregnant women in detention +

Nick Hardwick, Chief Inspector of Prisons, has published a new report on an inspection of Yarl’s Wood Immigration Removal Centre in Bedfordshire. (download the full report here, pdf) The report found that:

G4S, Serco and Reliance shortlisted to manage housing for asylum seekers

On 12 December 2012, the UK Border Agency announced the ‘preferred bidders’ to provide accommodation and transport for people seeking sanctuary in the UK.
Three providers have been chosen for the six regions, with the public and voluntary sector being replaced by private providers:

http://www.ukba.homeoffice.gov.uk/aboutus/workingwithus/workingwithasylum/compassprogramme

COMPASS

Working with migrants from outside the EU

This page contains information about the commercial and operational managers procuring asylum support services (COMPASS) project.

The overall aim of the COMPASS project is to provide ongoing contract provision for asylum support services, in accordance with government policy, beyond the current arrangements which are due to expire during 2012. The following services are currently within the scope of COMPASS: Read more

QARN: Statement on Indefinite Detention of migrants and people seeking asylum

On Human Rights day 10 December 2011: http://www.ohchr.org/EN/NewsEvents/Day2011/Pages/HRD2011.aspx

As Quakers we believe that there is that of God in everyone. We see the Testimony to Equality as clearly relevant to our concerns about those migrants and asylum seekers who are kept in detention. They are treated much worse than those born British.

Public outrage – and indifference

The right to liberty is a fundamental right enjoyed by all people in the United Kingdom, whether British citizens or subject to immigration control. It is a right established in common law as well as protected by the European Convention on Human Rights. Recent anti-terror legislation that allows for terror suspects to be locked up without being charged has been controversial. The time limit has now been reduced to 14 days. There has justifiably been an outcry about this situation. However, thousands of people are kept every year in detention by the UK Borders Agency with no date set for their release, yet there is no public outrage about this.

The Immigration Act 1971 first included the power to detain immigrants; later legislation has extended or amended that power. People can be detained on arrival in the UK as immigrants or when seeking asylum, if considered likely to abscond, or when they have already been refused the right to remain and deportation is expected to be imminent.[1]

 Immigration officers decide

The decision to detain is made by immigration officers without reference to a court. In theory each detainee has the right to apply for bail after 7 days, but many people are unaware of this procedure and find it difficult to access legal advice. The immigration court ‘judges’ do not have to be trained or experienced to the level of judges in the criminal and civil courts, inadequate records are kept, and in many cases the Home Office view that the applicant is likely to abscond is accepted without evidence.[2]

In theory it is Government policy not to detain survivors of torture or those with serious medical conditions or mental health problems, but in practice even proven survivors of rape and torture, pregnant women, and those with severe mental and physical health problems are often found in detention. Many innocent men, women and children who have been locked up in immigration detention centres have suffered severe mental health problems, with detention in many cases adding to trauma already suffered in their home country. [3]

 Our Objective:

‘That which is morally wrong cannot be politically right’ 1822   QF&P 23.26

We call for the ending of indefinite detention, which is fundamentally unjust and causes much suffering to its victims.

Website: http://qarn.org.uk

See also: Detention Action http://www.detentionaction.org.uk

Official lying in the UK: what child detention reveals about how we are governed

My report sets out government’s persistent undermining of medical evidence that children are harmed by immigration detention. Regarding a case of alleged child sexual abuse, officials also misled ministers about failures in safeguarding at Yarl’s Wood.

If the systematic mendacity recorded here is representative of the way government functions, then our democracy is in serious trouble.

Arising out of an invitation to appear before the House of Lords Communications Committee for their current inquiry into the future of investigative journalism, my report has been submitted in evidence to the committee. Read more

Introducing fee charges for appeals in the Immigration and Asylum Chambers of the First-tier Tribunal

The purpose of this letter is to inform you about the Government’s intention to introduce appeal fee charges for some asylum and immigration appeals on 19 December 2011. The Fees Order which prescribes the fee to be paid has now been approved in both Houses of Parliament.

Fees will be payable by the majority of individuals who wish to bring an appeal against a Home Office decision in the Immigration and Asylum Chambers in the First-tier Tribunal to refuse them either:  Read more

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