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Detention, Deportation and Removal

Detention, Deportation and Removal

 

Immigration detention and removal centres remain open although removals from the UK have been suspended due to travel restrictions.

 

There are also concerns over maintaining a safe public health environment in detention centres.

 

If you are detained, our solicitors can assist at speed with an urgent review of the lawfulness of your detention and prospects for bail.

 

Largely thanks to our expert Public Law team, the Government has released more than 300 detainees from detention centres.

 

The Home Secretary disclosed evidence during Detention Action and Mikhail Ravin v Secretary of State for the Home Department (CO/1101/2020) that, in light of the likely return timescales, nationals of the following countries should only be referred for detention if they are “high harm FNOs [i.e. foreign national offenders]”:

 

  • Africa: Algeria, Cameroon, Egypt, Kenya, Libya, Mauritania, Morocco, Somalia, Zimbabwe
  • Asia: China, India, Pakistan, Sri Lanka
  • Caribbean: Jamaica
  • Europe: Albania, Austria, Bulgaria, Croatia, Cyprus, Italy, Poland, Ukraine
  • Middle-East: Afghanistan, Iraq, Jordan, Kuwait, Lebanon, Saudi Arabia, Turkey

 

The same evidence explained that the following countries are not accepting returns under Dublin III and therefore individuals liable for removal to the following countries under this procedure should not be detained:

 

  • Austria (unless tested negative for Covid-19), Croatia, Cyprus, Czech Republic, Denmark, Finland, Greece, Italy, Latvia, Lichtenstein, Luxembourg, Netherlands, Portugal, Poland, Romania, Slovakia, Slovenia, and Spain.

 

The Foreign and Commonwealth Office provides detailed information on the restrictions on international flights to various countries.

 

The Coronavirus Act 2020 does not make significant changes to the immigration detention system itself. It does, however, give new powers to immigration officers. Under Schedule 21(7) of the Act, if an officer has reasonable grounds to suspect that a person in England is potentially infectious, they can direct that person to go to a “screening or assessment place” or remove the person to that place. This power must be used in a necessary and proportionate fashion.

 

Bail hearings are still taking place over the phone, and Bail for Immigration Detainees have confirmed that majority of the applications submitted to First-Tier Tribunal have been successful.

 

For assistance with detention, deportation and removal matters please get contact our highly experienced Immigration team.

 

Due to the current pandemic, the UK detention centres are closed for visitors. However, we offer both telephone and video meetings via a range of video and messaging services.

 

For a free 30 minute telephone consultation with one of our expert UK immigration lawyers during this period please click this link.

 


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