A recent Freedom of Information request conducted by the BBC revealed that since 2012 the government have paid out over £4m per year to people who have been detained unlawfully in government immigration detention centres.
Immigration centres hold people that the government is attempting to deport, this includes failed asylum seekers and foreign prisoners. Approximately 30,000 people pass through the UK’s detention centres every year. However, it was revealed that in 2015, 60% of the 32,000 people were released back into the community.
If the Home Office is intending to deport someone, and there is a reasonable prospect of that taking place, then immigration detention will be considered lawful. However, recent inspections revealed that large numbers of detainees were held for over a year, in two cases as long as five years. The UK currently has no time limit in place restricting how long an individual can be detained. Unfortunately, this leads to people being detained for months, even years, despite it becoming apparent that there is no prospect of their deportation taking place.
Detaining people indefinitely can have a serious negative impact on their mental health and of course is a breach of their human rights.
A debate was heard before peers in the House of Lords last month regarding a proposed Immigration Bill. It was voted that detention ought to be limited to 28 days, unless there is a Court Order in place. This has not yet been implemented.
At Southerns, our specialised Actions Against the Police department have a great deal of experience in bringing claims against detaining authorities, seeking compensation for people who have been unlawfully detained. Please do not hesitate to get in touch on the numbers below or email a member of the team directly.
We also have an experienced Immigration department who can assist with any difficulties you may be facing. Again, please don’t hesitate to get in contact with us on Burnley: 01282 422711, London: 0203 0969250, Manchester/Cheshire: 0161 3595730, Blackpool:01253 922123, or email a member of the team directly.