Immigration detention in the United Kingdom

Immigration detention in the United Kingdom is the practice of detaining foreign nationals for the purpose of immigration control.[1] Unlike some other countries, UK provisions to detain are not outlined in a codified constitution. Instead, immigration enforcement holds individuals under Powers granted in the Immigration Act 1971 and by the Home Office Detention Centre Rules (2001).[2][3] The expressed purpose of immigration detention is to "effect removal; initially to establish a person's identity or basis of claim; or [implement] where there is reason to believe that the person will fail to comply with any conditions attached to a grant of immigration bail."[4] Detention can only lawfully be exercised under these provisions where there is a "realistic prospect of removal within a reasonable period".[5]

In 2019, a majority of immigration detainees were individuals who were seeking, or had claimed, asylum (58%).[6] Other individuals liable for detention include those held while awaiting determination of their right to enter the UK, people who have been refused permission to enter and are awaiting removal, people who have overstayed the expiry of their visas or have not complied with their visa terms, and people lacking the required documentation to live in the UK.[7]

The British Home Office currently operates one Pre-Departure Accommodation,[8] three residential Short Term Holding Facilities (STHFs), seven Immigration Removal Centres (IRCs)[9] and 13 In-Use Short-Term Holding Facilities which can be used to detain individuals under Immigration Act Powers.[10] HM Prisons are also used as settings of detention under Immigration Powers, usually if the detainee was serving a prison sentence which expired.[11]

The management of a majority of IRCs is outsourced to private companies including Mitie, GEO Group, G4S and Serco.[12]

The Nationality, Immigration and Asylum Act 2002 formally changed the name of "detention centres" to "removal centres".

  1. ^ "Immigration Detention in the UK". Migration Observatory. Retrieved 2020-07-23.
  2. ^ Majcher, Izabella; Flynn, Michael; Grange, Mariette (2020-03-04). Immigration Detention in the European Union: In the Shadow of the "Crisis". Springer Nature. ISBN 978-3-030-33869-5.
  3. ^ "The Detention Centre Rules (2001)". UK Legislation.
  4. ^ "Immigration detention - Home Affairs Committee - House of Commons". publications.parliament.uk. Retrieved 2020-07-23.
  5. ^ "Media factsheet: Detention time limits - Home Office in the media". homeofficemedia.blog.gov.uk. Retrieved 2020-07-23.
  6. ^ "Home Office: Immigration statistics, year ending December 2019". GOV.UK. Retrieved 2020-07-23.
  7. ^ Silverman, Stephanie J.; Hajela, Ruchi (6 February 2015). "Immigration Detention in the UK". Migration Observatory, University of Oxford. Retrieved 18 May 2015.
  8. ^ "Gatwick pre-departure accommodation information". GOV.UK. Retrieved 2020-07-23.
  9. ^ "Place of detention - United Kingdom | Asylum Information Database". www.asylumineurope.org. Retrieved 2020-07-23.
  10. ^ "Report on a national inspection of the short-term holding facilities in the UK managed by Border Force" (PDF). Justice Inspectorate.
  11. ^ "Detention in Prison | AVID". www.aviddetention.org.uk. Retrieved 2020-07-23.
  12. ^ "Serco wins contract to run immigration detention centres". Financial Times. 20 February 2020. Retrieved 2020-07-23.