detention has hit the headlines again. However, the best London immigration solicitors
believe that this time Immigration
detention is in the news for the right reasons with the announcement that Harriet Harman, chair of the joint committee on Human Rights
, has cross-party agreement to address the issue of Immigration
detention exceeding 28 days. The cross party group of Members of Parliament plans to seek amendments to the Immigration
Bill that is passing through Parliament to stop the indefinite detention of people in Immigration
Many people assume that Immigration
detention is a rare occurrence affecting very few migrants. However, top London immigration solicitors
campaigners will tell you that around 27,000 people are detained in Immigration
detention centres. Some of the periods of detention are short, some for over 28 days and a small number in excess of a year.
scandal and the £108 million cost of the Immigration
detention centres may go some way to explain the contents of the joint committee report on Human Rights
that said detention should not exceed 28 days and should be authorised by decision-makers who are independent of the Home Office.
The report highlights the fact that the lack of a time limit to the length of time that a detainee can be held in an Immigration
detention centre does not encourage Home Office officials to progress Immigration
cases promptly. That is a comment that most top London immigration solicitors
would agree with. Without a deadline to work to, it is all too easy for detainee Immigration
cases to drift even though there is an argument that their cases should be dealt with efficiently because of the emotional cost to the detainee of detention and the £108 million annual Immigration
How can OTS Solicitors help?
If you are at risk of deportation or administrative removal or are concerned about detention in a detention centre or are detained and want to apply for bail or challenge Home Office decisions the specialist Immigration
solicitors at London based OTS Solicitors will be happy to talk to you to see how we can help you.
Please call us on 0203 959 9123 to discuss how a member of our specialist team of Immigration
solicitors can help you.
The recommendations of the cross party joint committee on Human Rights
• An end to indefinite detention with it being recommended that there is a 28-day time limit to detention in Immigration
detention centres and in exceptional circumstances the Home Office should be able to apply to a judge for a further period of detention of no more than an additional 28 days;
• The decision to detain a person in an Immigration
detention centre should be made by a judge or an official working for an independent body rather than a Home Office caseworker;
• Those detained in Immigration
detention centres should have improved access to legal aid so that they can instruct Immigration
solicitors to challenge detention;
• Foreign nationals who are liable to deportation at the end of their prison sentences should be able to challenge the deportation order after it is made rather than having to wait until the end of their sentence to begin a challenge;
• Vulnerable individuals in Immigration
detention centres need to be identified and appropriately treated.
If the government were to implement all the recommendations of the cross party committee then campaigners and the best London immigration solicitors
would certainly welcome the long awaited review and the change of practices at Immigration
Current Home Office rules on Immigration detention centres
The Home Office guidance says that it is suitable to detain someone in an Immigration
detention centre if:
• There is a need to establish a person’s identity; or
• There is a need to establish the basis of a person’s Immigration
• To effect the administrative removal of a person or to effect a deportation order; or
• There is reason to believe that the person will fail to comply with any conditions attached to a grant of Immigration
• To persuade the Home Office that detention in an Immigration
detention centres is not appropriate. A recent example of where persuasion worked is the case of an eight-month British baby detained in an Immigration
detention centres whilst the Home Office established if the child was British;
• Release from an Immigration
detention centre can be on Immigration
detention bail with, for example, residence and reporting conditions or even electronic tagging restrictions;
• Resolution of the Immigration
status or visa issues that led to detention in the Immigration
• There is evidence of their identity; and
• They have a place to stay whilst their Immigration
status is resolved; and
• They have what a financial condition supporter. A financial condition supporter is a person who will attend the bail hearing and pay money if the person released on bail does not comply with their bail conditions.
If the Home Office has refused your Immigration
bail application, you may think that your situation is hopeless. It is not. If the Home Office refuse a request for bail, the next step is to seek bail from an independent tribunal judge at a first tier tribunal. The top London immigration solicitors
recommend that applicants for first tier tribunal bail take specialist legal advice from Immigration
experts. That is because if the Tribunal refuses a bail application the applicant cannot make a new application for 28-days unless there has been a significant change of circumstances. It is therefore essential that an expert prepare the bail application to maximise the prospects of success.
How can OTS Solicitors help?
OTS Solicitors are specialist in Immigration
law matters. OTS Solicitors are recommended for Immigration
law in the Legal 500. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration
For more information on applying for bail from an Immigration detention centre or challenging a deportation order or for advice on your Immigration status or help with an administrative removal, please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors who will be happy to help.