Every year, thousands of asylum seekers and
migrants, including children, are held by the Immigration
Service in detention centres (now re-named removal centres)
for indefinite periods. They have not been charged with any
criminal offence yet there is no limit on the period that
they are detained. People may be detained on arrival or whilst
they have appeal rights outstanding.
One way of obtaining release from detention
is by applying for bail. Detainees have a right to apply for
bail from the Immigration Appellate Authority (IAA). In a
bail hearing, an Adjudicator will consider whether or not
an individual should be bailed, under certain conditions.
If granted, bail allows them liberty whilst their case to
remain in the UK is completed.
There is currently no requirement for Adjudicators
in bail hearings to provide written reasons for a refusal
of bail, and it is extremely difficult to assess the likelihood
of success due to the scarcity of information about the numbers
granted bail, the reasons why, the level of sureties required
or the conditions placed on bailed individuals. The bail application
should place the onus on the Immigration Service to justify
continuing detention. But, it frequently appears that the
onus is on the applicant to justify their release.
The 'Eye on Liberty' Pilot Project has been
set up with the aim of sending volunteer observers to bail
hearings at York House Court near Heathrow. By documenting
the decision-making process, the outcome of the hearings,
and issues arising, the Project will form the basis for wider
research into bail before the IAA.
We urgently need volunteers who can offer
three or four days over a period of several months to observe
hearings (travel expenses will be reimbursed). Volunteers
will then be required to submit a brief record of the hearing
which will be entered into the Project database.
Initial induction and training will be provided
in a session from:
3.30 to 6.00 p.m. on:
Tuesday 14th January 2003
Room 334
Ladbroke House
London Metropolitan University (formerly University
of North London), Highbury Grove
London N5
In order to meet college security requirements,
we MUST provide a list of attendees, so you need to
let us know as soon as possible but, at the latest, by the
13th January if you are planning to attend.
Sarah Cutler, Policy and Research Officer
Bail for Immigration Detainees
020 7247 3590
bailforimmigrationdetainees@yahoo.co.uk
or Safiye Connor at sac190@unl.ac.uk
'Bail for Immigration Detainees'
http://www.biduk.org/
BID is a registered charity that exists to
prepare and present bail applications for detained asylum
seekers. This project is being coordinated by BID and Safiye
Connor, law student at London Metropolitan University. The
Project will receive advice from John Bingham from the Haslar
Visiting Group who have run a similar project at Havant Magistrates
Court for several years.
BID - Registered in England as a limited
company No. 3803669. Registered address; 28 Commercial St.,
London E1 6LS.Registered Charity No. 1077187. Exempted by
the OISC. Ref. No. 200100147
