NCADC Campaigning Toolkit

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Detention under immigration powers

What Is Immigration Detention?

People detained under immigration powers may be detained in an immigration removal centre (IRC) or short-term holding facility, or if they are a foreign national prisoner who has completed their custodial sentence they may continue to be detained in prison. Immigration Removal Centre, the official term UKBA uses, does not reflect how many people are held in detention for long periods of time with no prospect of deportation. The term that is more reflective of reality – detention centre – is used in this Toolkit.

Some detention centres are run by private security companies, others by the Prison Service. People in detention cannot leave and have very limited freedom of movement within the centres. Security levels are similar to prisons. The number of detention centres and the number of people detained has expanded massively over the last few years.

Our website has information on detention centres, visitors groups, and links to UKBA detention centre webpages.

Who Can Be Detained?

There are points in the asylum and immigration process when someone is more likely to be detained, but the simple answer is that almost anyone subject to immigration control can potentially be detained. This means that anyone without British citizenship could be detained under immigration powers, and there have even been cases of British citizens detained in error by UKBA, but it is very unusual for this to happen.

When Can You Be Detained?

The times you are most at risk of being detained are:

  • when you enter the UK
  • when you apply for asylum or another kind of leave having already entered the UK. This will happen after your screening interview if it is decided your case can be decided quickly or is ‘clearly unfounded’ (see ‘Detained Fast Track and Non-Suspensive Appeals’)
  • after an application for leave (including asylum) is refused and you have no further appeals available to you (you may have received a letter from UKBA saying you are ‘appeals rights exhausted’).

It is common for someone at risk of detention to be picked up when they go for their regular reporting/signing in, but people are also picked up from their homes (sometimes in dawn raids), from the community, even at their children’s schools.

Being Prepared in Case of Detention

Community sign-in at reporting

Most people who have applied for leave to remain and have not had a positive decision have to regularly report at their local UKBA reporting centre or a police station. At every reporting visit, the person is at risk of detention, particularly if their application has been refused, which they may not know until they go and report.

Some people phone a friend when they are entering the reporting centre, with instructions for what to do and who to contact if they are detained. If the friend does not get a call within an hour or two to say they are safe, the friend can call their solicitor and campaign or support group.

In some areas, local support groups (such as the Unity Centre in Glasgow) have set up systems to help with this. They will check-in with the group first, who keep a record of everyone’s contact details and emergency instructions of what to do if they do not come out.

This means that people who are signing at UKBA will know that people are looking out for them. This can save valuable time: supporters can then start finding out exactly where that person is, what has happened, and what can be done to help straight away.

If you are at risk of being detained:

Do you have a list of emergency contacts that you have shared with someone? These might include your solicitor’s number (and your reference number), any close friends or family, people you have spoken to about caring for any children in case of detention, doctors or hospitals if you have a medical condition.

If you are a campaign or support group:

Find out about the local detention system. Do you know where people are often picked up, and where they will be taken? This will save valuable time when you are supporting someone who has been detained. Have you got a system in place for raising support as quickly as possible (with the consent of the person who has been detained)?

Copy of documents

If someone is detained, it may become impossible for them to access their documents. This means that vital evidence that a solicitor or a campaign group needs can’t be reached. It’s a good idea to have copies of all your important documents (and not just with a solicitor, as these will not always be accessible and can be lost if the solicitor firm closes down, for example). Give a copy of these documents to someone you trust. This may be a friend, or a supporter.

House key

If possible, give a friend a copy of your house/flat/room key. This may not be possible, for example if you are living in asylum support or Section 4 accommodation. But some ex-detainees suggest giving a friend/supporter a copy of your house key so that, if you are detained, they can go and get essential things for you from your house. Only give a key to someone you trust, and make sure you are allowed to do this under your accommodation rules.

Have a non-smart phone/save your numbers to the sim card

It used to be the case that any mobile phones with internet access or a camera would be taken off you at the point of detention. It would therefore be a good idea to have a very basic phone that you could keep with you. However, there are now schemes in place (for example, at Yarl’s Wood detention centre) where everyone’s phone is taken off them and they are issued with a Yarl’s Wood phone. If it’s possible to still use your own sim card, it’s a good idea to have saved important numbers to the sim card beforehand (rather than to your phone handset) so the numbers will be still available in the replacement phone.

 

Next page: Practical information and support in detention


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