LPC IMM 19-20 SGS 8 IMMIGRATION DETENTION (Power/ grounds to detain ( …
LPC IMM 19-20 SGS 8 IMMIGRATION DETENTION
grounds to detain
When is detention appropriate?
To enable removal
Initially to establish person's identity or basis of claim
Reason to believe person will abscond/ fail to comply with any conditions attached to grant of bail
Guidance in UKVI's Enforcement Instructions and Guidance (EIG) - factors to be considered
Form IS91R - Reasons for detention
Must be given in all cases of detention
when does the POWER to detain arise?
(where is detention lawful?)
General starting point: presumption of liberty
See schedules (mainly schedule 2) to IA '71/chapter 7
WHO can be detained?
Generally - those subject to enforcement action
persons awaiting decision on asylum application
eg illegal entrant; person with leave suspended pending further investigation; overstayer (i.e. no leave); in breach of conditions; subject to deportation
:question: Who is unsuitable for detention?
Victims of torture; serious physical or mental health problems IA 2016 s.59
Pregnant women IA 2016 s.60
Release from detention
Immigration Act 2016: Sched 10, para 1
Immigration (Sec. of State) bail
Factors (sched 10 para 3)
(Supplemented by policies in EIG and 'Bail Policy')
(sched 10 para 2)
Residence (usually not necessary - Bail Policy)
Keep UKVI informed of contact details
Restrictions on employment, occupation or studies
Electronic monitoring; financial condition (only applicable to foreign national prisoners)
using relevant form
Factors - as for immigration bail - see below
to give evidence eg financial condition
(sched 10 para 2 - if bail granted, it 'must be subject to' condition(s))
as above - but note:
financial condition is available - not just for FNPs
If bail is refused, further applications may be made but there are restrictions including: there must be a material change of circs to be able to apply again within 28 days
Generally can apply for TB at any stage
where individual has no leave/pending examination (see para 16(1) Sched 2 & para 3(3) Sched 10 IA) - must be in UK for at least 8 days
using relevant form
Factors - Sched 10 para 3 IA
(supplemented by policies in EIG and 'Bail Policy' & EIG)
Para 3 (Sched 10)
previous/possible failure to comply with conditions
previous criminal behaviour
risk of committing offence
danger to public health/public order
protection of others or of detainee
likelihood of being removed; timescale
previous failure to comply with conditions
'determined attempt to breach the immigration laws'
ties with UK - family, work etc
expectations re outcome of case - incentive to keep in touch?
risk of offending; harm to public
:grimacing: "I've been detained....what now?"