United Kingdom

Detains migrants or asylum seekers?

Yes

Has laws regulating migration-related detention?

Yes

Migration Detainee Entries

20,604

2024

Total Migration Detainees

23,970

2020

Refugees

515,677

2024

Asylum Applications

124,783

2024

Overview

The UK has proposed numerous controversial migration enforcement policies aimed at deterring asylum seekers and stopping unauthorised Channel crossings, including mandatory detention and deportation schemes that would send people to “safe third countries” like Rwanda. Tens of thousands of people are detained every year in the country’s privatised “immigration removal centres,” where they can remain indefinitely as the UK has not adopted limits on the length of migration-related detention.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Immigration detention in United Kingdom(from the report of the European Committee for the Prevention of Torture 2023 visit to United Kingdom)

A. Background information; (Read full CPT report) 8. The CPT visit to the UK in March and April 2023 took place at a time when the Government was announcing its increased determination to detain and remove all foreign nationals2 who did not have a right to reside in the UK. Particular emphasis was being made […]

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Mandatory Detention for all Irregular Arrivals, and Funding a Detention Centre in France? The Latest from the UK

Over the past week, the UK has proposed a number of controversial and extraordinary measures aimed at stopping irregular migration, including proposing new legislation that imposes mandatory detention for anyone crossing the Channel by boat as well as a joint initiative with France that includes helping pay for a new detention centre there. On 7 […]

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United Kingdom: Covid-19 and Detention

A short-term holding facility for newly arrived migrants and asylum seekers has been denounced for “catastrophic overcrowding” and “grotesque treatment,” with the country’s Chief Inspector of Borders and Immigration reporting that he was left “speechless” by the conditions he observed inside. Thousands are currently detained in Manston Processing Centre where rights groups argue a “humanitarian […]

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SOAS Detainee Support, Twitter Thread, 31 October 2022, https://twitter.com/sdetsup/status/1587064170759049216

United Kingdom: Covid-19 and Detention

The number of victims of trafficking detained in the UK has likely tripled in the past five years, says a new report published by the Helen Bamber Foundation in early October. Despite broad recognition of the vulnerabilities faced by trafficking and slavery victims, the report says, the UK government is treating survivors as criminals rather […]

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Youtube, “LIVE: Suella Braverman Reveals New Immigration Law at Conservative Party Conference,” 4 October 2022, https://www.youtube.com/watch?v=d7t14Gvfw6E

United Kingdom: Covid-19 and Detention

UK Prime Minister Boris Johnson announced on 14 April that “from today, anyone entering the UK illegally as well as those who have arrived illegally since January 1 may now be relocated to Rwanda. Rwanda will have the capacity to resettle tens of thousands of people in the years ahead.” The UK claims that the […]

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UK Home Secretary, Priti Patel and Rwandan Minister of Foreign Affairs and International Cooperation, Vincent Biruta sign an agreement in Kigali on 14 April 2022 (Simon Wohlfahrt/AFP,

United Kingdom: Covid-19 and Detention

In late October, reports emerged of far right groups targeting hotels where Afghan refugees were being accommodated. Britain First and other far right organisations say they are concerned at the cost of resettlement of Afghan refugees. According to the Guardian, Britain First has made several unsolicited visits to hotels housing refugees, trying to approach refugees […]

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Britain First Protest in the UK (Dan Kitwood, Getty Images,

United Kingdom: Covid-19 and Detention

A surge in COVID-19 cases notwithstanding, UK authorities are continuing to arrange deportation flights. On 21 July, a flight to Zimbabwe departed with an estimated 14 persons on board. The first mass-deportation to Zimbabwe in years, media reports state that the flight marked the start of a planned “summer season” of deportations organised by the […]

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D. Taylor, “Legal Bids Mean UK Deportation Flight to Zimbabwe Takes Off Just One-Third Full,” The Guardian, 22 July 2021, https://www.theguardian.com/uk-news/2021/jul/22/legal-bids-mean-uk-deportation-flight-to-zimbabwe-takes-off-just-one-third-full

United Kingdom: Covid-19 and Detention

Cross-party parliamentarians have urged UK Home Secretary Priti Patel to cease the use of former military barracks for confining asylum seekers. In a letter to the Home Secretary, members of the All Party Parliamentary Group (APPG) on Immigration Detention wrote: “We do not believe such sites provide the safe, stable accommodation that people seeking asylum […]

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The Guardian, “MPs and Peers Urge Priti Patel to Shut Napier Barracks Asylum Site,” 17 April 2021, https://www.theguardian.com/uk-news/2021/apr/17/mps-peers-urge-priti-patel-shut-napier-barracks-asylum-site

United Kingdom: Covid-19 and Detention

Since opening as asylum accommodation in October 2020, the UK’s Napier Barracks–formerly military barracks operated by the Ministry of Defence–have been the subject of intense criticism. Run by a private contractor (Clearsprings, which stands to make £1 billion in ten years from its government contracts to run asylum centres in Wales and South East England), […]

Read More…

J. Shenker, “Locked in Barracks with Covid Running Rampant. Is This Any Way to Treat Asylum Seekers?” The Guardian, 27 January 2021, https://www.theguardian.com/commentisfree/2021/jan/27/locked-covid-asylum-seekers-napier-barracks-kent

United Kingdom: Covid-19 and Detention

Following the news of a COVID outbreak in Brook House Immigration Removal Centre (see 16 December update on this platform), on 8 January the Home Office announced the centre’s temporary closure (for ten days) due to a number of positive cases amongst staff. A Home Office spokesman confirmed that several detainees had been transferred to […]

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Brook House Detention Centre Seen From Outside, (BBC,

United Kingdom: Covid-19 and Detention

A coronavirus outbreak was confirmed at the UK’s Brook House Immigration Removal Centre (close to Gatwick Airport) in early December. While the Home Office declined to clarify how many positive cases had been recorded or how many people were in isolation at that time, the Guardian reported that at least 17 detainees had tested positive […]

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Napier Barracks in Folkestone Kent (Dan Kitwood, Getty Images,

United Kingdom: Covid-19 and Detention

So far in 2020, more than 7,400 people have arrived in the UK via small boats, nearly four times as many as in 2019. Seven migrants have died trying to cross the Channel this year, three more than last year. Part of this increase may be due to COVID-19 restrictions and the suspension of resettlement […]

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The Walls Outside Yarl's Wood Immigration Removal Centre, Taken on 8 August 2015, (EYE DJ,

United Kingdom: Covid-19 and Detention

So far this year, more than 7,400 asylum seekers and migrants have arrived in the UK by small boat–nearly four times as many as in 2019. A new report has revealed that new arrivals are processed at a makeshift facility in Tug Haven, where hundreds are “forced to spend hours in cramped containers on a […]

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Tug Haven Facility Entrance in Dover, Kent, Where Migrants are Being Processed, (HMIP/PA,

United Kingdom: Covid-19 and Detention

The Covid-19 pandemic appears to be fundamentally altering how migrants and asylum seekers arrive in the UK … and how the UK responds to these arrivals. So far this year, some 7,000 people have arrived irregularly on small boats that have made the perilous crossing of the Channel–more than three times the number during all […]

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Border Force Officials Recover Dinghy After Migrants Landed on Deal Beach, (Luke Dray, Getty Images,

United Kingdom: Covid-19 and Detention

During the first two weeks of August, more than 650 migrants and asylum seekers crossed the Channel from France. With fewer lorries able to cross during the pandemic, migrants and asylum seekers have increasingly sought to attempt the journey in dinghies, often with the aid of smugglers. The country’s Home Office has been advancing alarmist […]

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A Group of Migrants Are Escorted by Border Force Officers Following a Number of Small Boat Incidents in the Channel, Dover, 13 August 2020, (Steve Parsons,

United Kingdom: Covid-19 and Detention

Although the UK did not issue a moratorium on new detention orders at the height of the pandemic, the Home Office ceased issuing new detention orders for people who, under normal circumstances, would face removal to one of 49 specified countries. This was confirmed in a GDP Covid-19 survey completed by a UK government official […]

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Immigration Removal Centres Sign, (E. Hayward,

United Kingdom: Covid-19 and Detention

Despite an unsuccessful legal challenge from Detention Action seeking the release of all immigration detainees at the High Court in March (see 5 April update), more than 700 detainees were released between 16 March and 21 April as the government responded to concerns about the spread of Covid-19 within immigration detention facilities. The organisation has […]

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Protesters Outside Yarl's Wood Detention Centre Calling for its Immediate Closure in June 2015, (

United Kingdom: Covid-19 and Detention

The UK’s Home Affairs Select Committee has called on the government to investigate concerns that cramped conditions in asylum accommodation are putting people at risk of the virus. In particular, the Committee noted its concerns regarding reports of poor conditions in an asylum centre in West Yorkshire that reportedly breached measures to control the spread […]

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United Kingdom: Covid-19 and Detention

As news emerged of a second confirmed case of Covid-19 within a UK Removal Centre, Alison Thewliss – chair of the All-Party Parliamentary Group on Immigration Detention – urged the UK government to release immigration detainees. In a letter to Home Secretary Priti Patel, Thewliss wrote, “The confirmation of a new coronavirus case at Brook […]

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United Kingdom: Covid-19 and Detention

Human rights organisations and legal bodies have repeatedly called on the UK Home office to release immigration detainees. While some 300 individuals were released from removal centres by the end of March, a legal filing seeking the release of all immigration detainees was blocked by the High Court. When the crisis first began to escalate […]

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Despite a confirmed case of Covid-19 within the facility, women continue to be placed in Yarl's Wood Removal Centre (https://www.independent.co.uk/news/uk/home-news/coronavirus-yarls-wood-immigration-detention-removal-centre-home-office-a9417056.html)
Last updated: October 2016

DETENTION STATISTICS

Migration Detainee Entries
20,604
2024
15,864
2023
14,227
2022
27,331
2017
Total Migration Detainees (Entries + Remaining from previous year)
23,970
2020
26,172
2019
29,299
2018
31,908
2017
32,526
2016
32,466
2015
30,365
2014
30,418
2013
29,000
2012
26,000
2010
28,001
2009
Reported Detainee Population (Day)
1,940
31
December
2024
2024
1,748
30
September
2024
2024
1,788
30
June
2024
2024
1,913
31
March
2024
2024
1,782
31
December
2023
2023
1,841
30
September
2023
2023
2,077
30
September
2022
2022
1,179
30
December
2021
2021
368
6
May
2020
2020
736
25
March
2020
2020
1,200
31
January
2020
2020
1,839
31
March
2019
2019
2,545
31
December
2017
2017
Average Daily Detainee Population (year)
2,024
Immigration Detainees as Percentage of Total Migrant population (Year)
0.38%
2015
0.39%
2013
0.34%
2010

DETAINEE DATA

Countries of Origin (Year)
Albania
India
Brazil
Romania
Poland
2023
Number of Asylum Seekers Placed in Immigration Detention (Year)
7,332
2024
8,593
2023
14,227
2022
20,166
2021
9,806
2020
14,465
2019
13,168
2018
12,921
2017
13,636
2014
13,161
2012
Total Number of Children Placed in Immigration Detention (Year)
232
2022
515
2021
87
2020
98
2019
63
2018
42
2017
110
2015
144
2014
228
2013
242
2012
127
2011
400
2010
1,000
2009
1,119
2009
Number of Deaths in Immigration Custody (year)
2
2023
1
2022
1
2021
Not Available
2020
1
2019
1
2018
7
2017

DETENTION CAPACITY

Total Immigration Detention Capacity
2,335
2023
4,270
2015
3,275 (4500)
2013
250
1993
Immigration Detention Capacity (Specialised Immigration Facilities Only)
10,728
2024
2,286
2023
3,915
2015
3,500
2013
2,665
2009
250
1993
Number of Dedicated Immigration Detention Centres
10
2024
10
2023
7
2023
10
2016
12
2014

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

Percentage of Detainees Released (year)
99%
2024
Number of Deportations/Forced Removals (Year)
6,393
2023
6,778
2020
8,637
2019
Number of Voluntary Returns & Deportations (Year)
19,253
2023
34,930
2018
40,896
2015
49,920
2014
54,960
2013
54,180
2012
Percentage of Removals v. Total Removal Orders (Year)
76.4%
2014
95.7%
2013
Number of People Refused Entry (Year)
18,275
2019
16,540
2018
14,280
2017
14,480
2016
14,950
2015
15,905
2014
Number of Apprehensions of Non-Citizens (Year)
22,275
2019
27,830
2018
65,365
2015
57,415
2013
49,365
2012

PRISON DATA

Criminal Prison Population (Year)
85,356
2017
94,865
2014
94,136
2013
Percentage of Foreign Prisoners (Year)
11.9%
2016
11.6%
2014
Prison Population Rate (per 100,000 of National Population)
145
2017

POPULATION DATA

Population (Year)
69,138,192
2024
67,700,000
2023
67,900,000
2020
64,716,000
2015
62,800,000
2012
International Migrants (Year)
11,845,479
2024
9,359,587
2020
9,552,110
2019
8,543,000
2015
7,824,100
2013
7,605,000
2010
International Migrants as Percentage of Population (Year)
17.13%
2024
13.79%
2020
13.2%
2015
12.4%
2013
Estimated Undocumented Population (Year)
417,000 (863000)
2009
524,000 (947000)
2007
Refugees (Year)
515,677
2024
365,262
2023
328,989
2022
137,078
2021
132,304
2020
133,083
2019
126,720
2018
121,837
2017
118,913
2016
117,234
2015
126,055
2014
149,765
2012
Ratio of Refugees Per 1000 Inhabitants (Year)
1.83
2016
1.82
2014
2.41
2012
3.1
2011
Asylum Applications (Year)
124,783
2024
175,438
2023
167,289
2022
48,540
2021
41,034
2020
54,072
2019
50,961
2016
38,878
2015
32,344
2014
37,066
2012
Refugee Recognition Rate (Year)
70
2022
30
2012
33
2011
28
2010
28
2009
Stateless Persons (Year)
4,672
2024
5,596
2023
5,351
2022
125
2018
97
2017
64
2016
205
2014
205
2012

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
$ 46,510.3,000
2021
$ 40,318.6,000
2020
$ 46,332,000
2014
$ 39,351,000
2013
$ 38,514,000
2012
Remittances to the Country (in USD)
$ 1,839,000,000,000
2015
$ 8,267,000,000
2011
Remittances From the Country (in USD)
$ 3,439,000,000
2010
Net Official Development Assistance (ODA) (in Millions USD)
16,759.6
2022
13,892
2012
13,832
2011
Human Development Index Ranking (UNDP)
14 (Very high)
2014
26 (Very high)
2012
Integration Index Score
12
2011
World Bank Rule of Law Index
93
-0.7
2012
93
-0.8
2011
94
-0.8
2010
Domestic Opinion Polls on Immigration
Approximately ¾ of people in Britain favour reducing immigration. Large majorities in Britain have been opposed to immigration since at least the 1960s. Immigration is currently highly salient: over the past 15 years it has become one of the most commonly chosen 'most important issues'.
2014
Pew Global Attitudes Poll on Immigration
75
2007

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?

Yes

2023
Does the Country Have Specific Laws that Provide for Migration-Related Detention?

Yes

2023
Detention-Related Legislation
Name
Year Adopted
Last Amended
Immigration Act 1971, as amended by Immigration Act 2016
1971
2016
Additional Legislation
Name
Year Adopted
Last Amended
Nationality, Immigration and Asylum Act 2002, as amended
2002
2012
Borders, Citizenship and Immigration Act 2009, as amended
2009
2011
Human Rights Act,1998, as amended
1998
2005
Habeas Corpus Act 1679, as amended
2005
Immigration and Asylum Act 1999, as amended
1999
2004
Illegal Migration Act 2023
2023
2023
Regulations, Standards, Guidelines
Name
Year Published
Immigration Rules
2014
UK Visas and Immigration Enforcement instructions and guidance
2014
Detention Service Order 07/2013 Welfare Provision In Immigration Removal Centres (IRCs)
2013
Prison Service Instruction 52/2011 Immigration, Repatriation and Removal Services
2011
Bilateral/Multilateral Readmission Agreements
Name
Year in force
Albania
2005
Algeria
2007
Bulgaria
2004
Romania
2004
Switzerland
2006
South Korea
2012
Cape Verde (EU agreement)
2013
Georgia (EU agreement)
2011
Pakistan (EU agreement)
2010
Bosnia-Herzegovina (EU agreement)
2008
Macedonia (EU agreement)
2008
Moldova (EU agreement)
2008
Montenegro (EU agreement)
2008
Serbia (EU agreement)
2008
Ukraine (EU agreement)
2008
Russia (EU agreement)
2007
Albania (EU agreement)
2006
Sri Lanka (EU agreement)
2005
Hong Kong (EU agreement)
2004
Macao (EU agreement)
2004
Expedited/Fast Track Removal

No

2016

Yes

2014
Re-Entry Ban

Yes

2014
Legal Tradition(s)

Common law

Federal or Centralised Governing System

Centralized system

2014
Centralised or Decentralised Immigration Authority

Centralized immigration authority

2014

GROUNDS FOR DETENTION

Immigration-Status-Related Grounds

Detention to effect removal

2014

Detention to establish/verify identity and nationality

2014

Detention for unauthorised entry or stay

2014

Detention for failing to respect non-custodial measures

2014

Detention for unauthorized stay resulting from criminal conviction

2013
Criminal Penalties for Immigration-Related Violations
Fines
Incarceration
Year
Yes
Yes
2014
Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
Grounds for Incarceration
Maximum n. of Days
Year
Unauthorized entry
180
2014
Children & Other Vulnerable Groups
Group
In Law
In Practice
Year
Survivors of torture
Yes
2024
Victims of trafficking
Yes
2021
Accompanied minors
No
2016
Pregnant women
Not mentioned
Yes
2016
Unaccompanied minors
Provided
Yes
2016
Persons with disabilities
Yes
2014
Victims of trafficking
Yes
2013
Stateless persons
Yes
2011

LENGTH OF DETENTION

Maximum Length of Administrative Immigration Detention

Yes

2024

Yes

2023

Yes

2016

Yes

2014
Recorded Length of Immigration Detention

1574

2022

1301

2021

1049

2020

1002

2019

774

2018

1698

2017

1825

2016

1396

2015

1460

2014

1428

2013

1620

2012

2250

2011
Maximum Length of Detention at Port of Entry

Yes

2023
Maximum Length of Incarceration for Immigration-Related Criminal Conviction

Yes

2023

DETENTION INSTITUTIONS

Custodial Authorities
Agency
Ministry
Typology
Year
UK Visas and Immigration
Home Office
Interior or Home Affairs
2016
UK Visas and Immigration
Home Office
Interior or Home Affairs
2014
UK Border Agency (UKBA)
Home Office
Interior or Home Affairs
2013
UK Border Agency (UKBA)
Home Office
Interior or Home Affairs
2011
UK Visas and Immigration
Home Office
Interior or Home Affairs
2011
UK Border Agency (UKBA)
Home Office
Interior or Home Affairs
2010
Apprehending Authorities
Name
Agency
Ministry
Year
Immigration officer
Immigration agency
2014
Detention Facility Management
Entity
Type
Year
G4S Group
Private For-Profit
2016
Serco Ltd
Private For-Profit
2016
Mitie PLC
Private For-Profit
2016
GEO Group Ltd
Private For-Profit
2016
National Offender Management Service
Governmental
2016
Mitie PLC
Private For-Profit
2015
HM Prison Service
Governmental
2014
Serco
Private For-Profit
2014
G4S Group
Private For-Profit
2014
GEO Group Ltd
Private For-Profit
2014
Mitie PLC
Private For-Profit
2014
G4S Group
Private For-Profit
2014
G4S Group
Private For-Profit
2013
Serco Ltd
Private For-Profit
2013
GEO Group Ltd
Private For-Profit
2013
UK Border Agency
Governmental
2013
HM Prison Service
Governmental
2013
Tascor
Private For-Profit
2013
Tascor
Private For-Profit
2013
GEO Group Ltd
Private For-Profit
2011
Serco Ltd
Private For-Profit
2011
HM Prison Service
Governmental
2011
G4S Group
Private For-Profit
2011
Taylormade Security
Private For-Profit
2011
Reliance
Private For-Profit
2011
G4S Group
Private For-Profit
2010
Formally Designated Detention Estate?
Designated
Type
Year
Yes
Dedicated immigration detention facilities
2014

PROCEDURAL STANDARDS & SAFEGUARDS

Procedural Standards
Name
In Law
In Practice
Year
Right to legal counsel
Yes
No
2024
Right to legal counsel
Yes
2020
Access to consular assistance
Yes
2013
Independent review of detention
Yes
2012
Are Non-Custodial Measures/Alternatives to Detention (ATDs) Provided in Law?
Immigration Law
Asylum/Refugee Law
Year
Yes
2023
Types of Non-Custodial Measures (ATDs) Provided in Law
Name
In Law
In Practice
Year
Supervised release and/or reporting
Yes
Yes
2024
Release on bail
Yes
Yes
2024
Designated non-secure housing
Yes
Yes
2024
Electronic monitoring
Yes
Yes
2024
Designated non-secure housing
Yes
Yes
2020
Designated non-secure housing
Yes
Infrequently
2015
Supervised release and/or reporting
Yes
Infrequently
2014
Registration (deposit of documents)
Yes
Infrequently
2014
Release on bail
Yes
Infrequently
2014
Electronic monitoring
Yes
Infrequently
2014
Access to Detainees
Lawyer
Family
NGOs
Int. Monitors
Consular Reps.
Year
Limited or Some Detention Centres Only
Limited or Some Detention Centres Only
Limited or Some Detention Centres Only
Limited or Some Detention Centres Only
Unknown
2024
Limited or Some Detention Centres Only
Limited or Some Detention Centres Only
Limited or Some Detention Centres Only
Limited or Some Detention Centres Only
Unknown
2023

COSTS & OUTSOURCING

Overall Annual Immigration Detention Budget
Estimated total budget (USD)
Building & Maintenance
Security
Staffing
Food
Medical
Transport
Year
247,969,000
2014
Estimated Detention Cost Per Detainee Per Day (in USD)

$ 135

2016

$ 163

2014
Types of Privatisation/Outsourcing

Detention facility management

2016

Detention facility management

2013
Detention Contractors and Other Non-State Entities

Mitie

For profit

2016

The GEO Group UK Ltd

For profit

2016

G4S United Kingdom

For profit

2016

Serco

For profit

2016
Foreign / Non-State Financial Support for Detention Operations

Yes

2017

Yes

2016

Yes

2015

Yes

2014
Description of Foreign Assistance

During the period 2014-2017, the United Kingdom used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).

2017

During the period 2014-2017, the United Kingdom used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).

2016

During the period 2014-2017, the United Kingdom used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).

2015

During the period 2014-2017, the United Kingdom used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).

2014

COVID-19 DATA

TRANSPARENCY

MONITORING

Types of Authorised Detention Monitoring Institutions
Institution
Type
Year
Her Majesty’s Inspectorate of Prisons (HMIP)
OPCAT National Preventive Mechanism (NPM)
2023
Independent Monitoring Boards (IMBs)
OPCAT National Preventive Mechanism (NPM)
2023
Association of Visitors to Immigration Detainees (AVID)
Non-Governmental Organizations (NGO)
2023
Jesuit Refugee Service
Non-Governmental Organizations (NGO)
2023
United Nations Subcommittee on Prevention of Torture (SPT)
Internal Inspection Agency (IIA)
2019
Equality and Human Rights Commission
National Human Rights Institution (or Ombudsperson) (NHRI)
2016
Her Majesty’s Inspectorate of Prisons (HMIP)
OPCAT National Preventive Mechanism (NPM)
2014
Independent Monitoring Boards (IMBs)
OPCAT National Preventive Mechanism (NPM)
2014
Association of Visitors to Immigration Detainees (AVID)
Non-Governmental Organizations (NGO)
2014
Chief Inspector of Borders and Immigration
Internal Inspection Agency (IIA)
2014
Prisons and Probation Ombudsman for England and Wales
National Human Rights Institution (or Ombudsperson) (NHRI)
2014

NATIONAL HUMAN RIGHTS MONITORING BODIES

National Human Rights Institution (NHRI)
Present?
Official name
NHRI Recognised by GANHRI?
Visits by NHRI?
NHRI receives complaints?
NHRI releases reports on Immigration detention?
Year
Yes
Equality and Human Rights Commission
2023

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

National Preventive Mechanism (NPM-OPCAT)
NPM-OPCAT present
Official Name
NPM Visits
NPM Receive complaints
NPM Release reports
Year
Yes
Inspectorate of Prisons for England and Wales (HMI Prisons)
Yes
Yes
2023

NON-GOVERNMENTAL ORGANISATIONS (NGOS)

Non-Governmental Organisations (NGOs) that Carry Out Detention Monitoring Visits
Regular visits
Names of NGos
Year
Yes
Jesuit Refugee Service
2023
Yes
2014
Do NGOs publish reports on immigration detention?

Yes

2023

Yes

2014
NGO Immigration Detention Monitoring Reports

Country Report Update on 2024: United Kingdom

2025

GOVERNMENTAL MONITORING BODIES

Internal Inspection Agencies that Carry Out Detention Monitoring Visits
Visits
Agencies that carry out visits
Year
Yes
2014

INTERNATIONAL DETENTION MONITORING

International Monitoring Bodies that Carry Out Detention Monitoring Visits
Monitoring body
Frequency
European Committee for the Prevention of Torture (CPT)
Every few years
Working Group on Arbitrary Detention (WGAD)
Infrequently
International monitoring reports on migration-related detention

Response of the United Kingdom Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to the United Kingdom from 27 March to 6 April 2023

2024

Report on the visit of the Working Group to the United Kingdom on the issue of immigrants and asylum seekers (E/CN.4/1999/63/Add.3)

1998

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
CRPD, Convention on the Rights of Persons with Disabilities
2009
2009
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2006
2006
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2006
2006
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2003
2003
CRC, Convention on the Rights of the Child
1991
1991
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1988
1988
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1986
1986
ICCPR, International Covenant on Civil and Political Rights
1976
1976
ICESCR, International Covenant on Economic, Social and Cultural Rights
1976
1976
VCCR, Vienna Convention on Consular Relations
1972
1972
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1969
1969
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1968
1968
CRSSP, Convention Relating to the Status of Stateless Persons
1959
1959
CRSR, Geneva Convention Relating to the Status of Refugees
1954
1954
Ratio of relevant international treaties ratified
Ratio: 14/19
Treaty Reservations
Reservation Year
Observation Date
CRC Article 37
1991
1991
ICCPR Article 10
1976
1976
Individual Complaints Procedures
Acceptance Year
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2009
2009
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2004
2004
Ratio of Complaints Procedures Accepted
Observation Date
2/6
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Elimination of Racial Discrimination 48.... It also recommends that the State party facilitate access to asylum procedures and to legal aid without discrimination and ensure the individual assessment of asylum applications, sufficient procedural guarantees and access to effective remedies, including against refoulement. The Committee recommends that the State party adopt all measures necessary to ensure that all unaccompanied asylum-seeking children who have gone missing are accommodated in places covered by the State party’s child protection system and effectively protect them against trafficking.... 2024
2024
2024
Human Rights Committee 41. The Committee urges the State party: (a) To swiftly repeal the legislative provisions, including those within the Illegal Migration Act 2023, that discriminate against migrants and that seek to limit access to rights for asylum-seekers, refugees and migrants on account of their “illegal entry or presence”, with a view to ensuring that its legislation fully complies with the Covenant and relevant international standards; (b) To provide access to status determination mechanisms for asylum-seekers, refugees and stateless persons to help ensure that they have their claims processed expeditiously and that those granted protection are able to integrate effectively and are protected from discrimination, regardless of their national origin or status as refugees or stateless persons, in line with articles 2, 13 and 26 of the Covenant; (c) To withdraw the Safety of Rwanda (Asylum and Immigration) Bill, or repeal the bill if passed, with a view to strictly upholding the principle of non-refoulement in both law and practice. 59. In accordance with rule 75 (1) of the Committee’s rules of procedure, the State party is requested to provide, by 29 March 2027, information on the implementation of the recommendations made by the Committee in paragraphs 11 (accountability for past human rights violations), 29 (counter-terrorism measures) and 41 (treatment of aliens, including migrants, refugees and asylum-seekers) above. 2024
2024
2024
Committee on the Rights of the Child 49. The Committee is deeply concerned about: (a) Restrictions, under the Nationality and Borders Act of 2022, on the rights of asylum and family reunification, the criminalization of arrival without prior permission and the introduction of a two-tiered system for identifying refugee children; (b) The potential impact on children of the Illegal Migration Bill, which includes a ban on the right to claim asylum, allows for the prolonged detention and removal of children, creates barriers for acquiring nationality and lacks a consideration of the principle of the best interests of the child; (c) The persistent use of unreliable methods for determining a child’s age, the large number of children whose age has been disputed and the lack of data on the number of asylum-seekers claiming to be children who have been assessed and sometimes detained as adults by immigration officials. 50. The Committee urges the State party: (a)To urgently amend the Illegal Migration Bill to repeal all draft provisions that would have the effect of violating children ’ s rights under the Convention and the Convention relating to the Status of Refugees and bring the Bill in line with the State party ’ s obligations under international human rights law to ensure children ’ s rights to nationality, to seek asylum and to have their best interests taken as a primary consideration and to prevent their prolonged detention and removal; (b) To amend the Nationality and Borders Act 2022 to abolish the designation of Group 2 status, used for certain groups of refugee children, for all refugee children and ensure that no asylum-seeking and refugee children, including unaccompanied children, are criminalized and that they have access to necessary support and services; (c) To review and strengthen the asylum process to ensure that children receive age-appropriate information and legal advice about their rights, asylum procedures and requirements for documentation, that their best interests are given primary consideration in all asylum processes, that their views are heard, taken into account and given due weight and that they have access to child-friendly justice mechanisms and remedies ; (d)To strengthen measures to ensure that all asylum-seeking, refugee and migrant children have equal and prompt access to education, health-care services, housing, psychosocial support and social protection, including benefit entitlements; (e)To put an end to the use of unreliable and invasive procedures for determining a child ’ s age, develop an age determination procedure that is child- and gender-sensitive, includes multidisciplinary assessments conducted by relevant professionals of the child ’ s maturity and level of development and respects the legal principle of the benefit of the doubt and ensure that children have access to legal advice throughout the process and, if necessary, can challenge the outcome of such assessments; (f) To ensure that children and age-disputed children are not removed to a third country ; (g) To develop a consistent, statutory system of independent guardianship for all unaccompanied children and ensure that all unaccompanied children throughout all jurisdictions of the State party are promptly identified and provided with a professionally trained guardian; (h) To review its system of family reunification involving unaccompanied children, with a view to ensuring that children have an unqualified right to apply for family reunification, that applications are considered with a consistent, expeditious and child rights-based approach and that the best interests of the child are a primary consideration in all related decisions. 2023
2023
2023
Committee on the Elimination of Racial Discrimination § 39. Recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party establish a statutory time limit on the duration of immigration detention and ensure that detention is used as a measure of last resort, and take further steps to end the immigration detention of children. The State party should also ensure that individuals who are held in immigration detention facilities have effective access to justice, including legal aid. 2016
2016
2018
Human Rights Committee (a) Establish a statutory time limit on the duration of immigration detention and ensure that detention is a measure of last resort and is justified as reasonable, necessary and proportionate in the light of the relevant circumstances; (b) Ensure that reforms to the detained fast track system are fully compliant with the State party’s obligations under the Covenant. It should also ensure that the system protects vulnerable persons, and provides for effective safeguards against arbitrariness and for effective access to justice, including to legal aid. 2015
2015
2016
Committee against Torture (a) Ensure that detention is used only as a last resort, in accordance with the requirements of international law, and not for administrative convenience; (b) Take necessary measures to ensure that vulnerable people and torture survivors are not routed into the Detained Fast Track System, including by: (i) reviewing the screening process for administrative detention of asylum seekers upon entry; (ii) lowering the evidential threshold for torture survivors; (iii) conducting an immediate independent review of the application of Rule 35 of the Detention Centre Rules in immigration detention, in line with the Home Affairs Committee’s recommendation and ensure that similar rules apply to short-term holding facilities and (iv) amending the 2010 United Kingdom Border Agency, Enforcement Instructions and Guidance, which allows for the detention of people with mental illness unless their mental illness is so serious that it cannot be managed in detention; (c) Introduce a limit for immigration detention and take all necessary steps to prevent cases of de facto indefinite detention 2013
2013
2016
Committee against Torture

(a) Ensure that detention is used only as a last resort, in accordance with the requirements of international law, and not for administrative convenience; (b)Take necessary measures to ensure that vulnerable people and torture survivors are not routed into the Detained Fast Track System, including by: (i) reviewing the screening process for administrative detention of asylum seekers upon entry; (ii) lowering the evidential threshold for torture survivors; (iii) conducting an immediate independent review of the application of Rule 35 of the Detention Centre Rules in immigration detention, in line with the Home Affairs Committee’s recommendation and ensure that similar rules apply to short-term holding facilities and (iv) amending the 2010 United Kingdom Border Agency, Enforcement Instructions and Guidance, which allows for the detention of people with mental illness unless their mental illness is so serious that it cannot be managed in detention; (c) Introduce a limit for immigration detention and take all necessary steps to prevent cases of de facto indefinite detention.

2013
2013
2013
Committee on the Elimination of Racial Discrimination

16) Remove the discretionary powers granted to the UK Border Agency (UKBA) to discriminate at border posts among those entering the territory of the State party.

2011
2011
2011
Committee on the Rights of the Child

7) • Intensify its efforts to ensure that detention of asylum-seeking and migrant children is always used as a measure of last resort and for the shortest appropriate period of time, in compliance with article 37 (b) of the Convention • Ensure that the United Kingdom Border Agency (UKBA) appoints specially-trained staff to conduct screening interviews of children • Consider the appointment of guardians for unaccompanied asylum-seekers and migrant children; • Provide disaggregated statistical data in its next report on the number of children seeking asylum, including those whose age is disputed • Give the benefit of the doubt in age-disputed cases of unaccompanied minors seeking asylum, and seek experts’ guidance on how to determine age • Ensure that when the return of children occurs, this happens with adequate safeguards, including an independent assessment of the conditions upon return, including family environment • Consider amending section 2 of the 2004 Asylum and Immigration (Treatment of Claimants etc.) Act to allow for a guaranteed defence for unaccompanied children who enter the United Kingdom without valid immigration documents.

2008
2008
2008
Human Rights Committee

21) • Review detention policy with regard to asylum-seekers, especially children • Take immediate and effective measures to ensure that all asylum-seekers who are detained pending deportation are held in centres specifically designed for that purpose • Consider alternatives to detention • End the detention of asylum-seekers in prisons • Ensure that asylum-seekers have full access to early and free legal representation so that their rights under the Covenant receive full protection • Provide appropriate detention facilities in Northern Ireland for persons facing deportation

2008
2008
2008
Committee on the Rights of the Child § 77. "With reference to its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, the Committee recommends that the State party: (a) Systematically collect and publish disaggregated data on the number of children seeking asylum, including those whose age is disputed; (b) Establish statutory independent guardians for all unaccompanied and separated children throughout the State party; (c) Conduct age assessments only in cases of serious doubt through multidisciplinary and transparent procedures, taking into account all aspects, including the psychological and environmental aspects of the person under assessment; (d) Cease the detention of asylum-seeking and migrant children; (e) Review its asylum policy in order to facilitate family reunion for unaccompanied and separated refugee children within and outside of the State party, including through implementation of the European Union Dublin III Regulation; (f) Provide sufficient support to migrant, refugee and asylum-seeking children to access basic services; (g) Review the Immigration Act (2016) in order to ensure its compatibility with the Convention; (h) Ensure that children are returned only where there are adequate safeguards, including a formal best-interests determination, effective family tracing, including individual risk and security assessments, and appropriate reception and care arrangements." 2016
2016
Committee against Torture § 4: The State party should: (a) Ensure that all cases of violence, especially sexual assault, against children in detention, including those documented by the Independent Inquiry into Child Sexual Abuse, are promptly, impartially and effectively investigated, that substantiated allegations result in the prosecution and punishment of perpetrators with appropriate sanctions, and that victims receive adequate redress; (b) Establish effective inspection and complaints mechanisms that are genuinely accessible to children in detention, and maintain effective monitoring; (c) Ensure that judges, prosecutors and members of the police receive specialized training in preventing the abuse of children in detention and in dealing with claims of such abuse. § 5: The State party should: (a) Continue its efforts to improve conditions of detention and alleviate overcrowding of penitentiary institutions and other detention facilities, including through the application of non-custodial measures. In that connection, the Committee draws the State party’s attention to the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules); (b) Recruit and train a sufficient number of prison personnel to improve security, reduce violence and ensure the adequate treatment of detainees; (c) Continue to implement preventive strategies related to prisoner violence, including measures to monitor and document incidents of violence; (d) Investigate all incidents of violence in places of detention and ensure that prison officials are held accountable in cases where they fail to take reasonable measures to prevent and respond to such violence. § 12: The State party should: (a) Compile detailed statistical data on the number of asylum applications involving torture claims and their outcome, disaggregated by the applicants’ country of origin and/or return, and provide this information to the Committee; (b) Review the application of the standard of proof in asylum decisions and improve performance in this area, including with respect to caseworkers’ evaluation of medical evidence of past torture and particularly with respect to negative determinations on applications for asylum from nationals of Afghanistan and Sri Lanka; (c) Review the State party’s inclusion of Ukraine on the list of safe countries for return of asylum seekers, particularly in light of the recent findings of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The State party should: (a) Ensure that the expert statements of health professionals about torture victims and other persons at particular risk of suffering harm as a consequence of detention are given due consideration by caseworkers who are not health professionals and that individuals identified as being at risk of future harm in detention receive the necessary care and protection; (b) Refrain from detaining irregular migrants and asylum seekers for prolonged periods, use detention as a measure of last resort and for the shortest period possible and continue the application of non-custodial measures; (c) Consider setting in law a reasonable time limit on the duration of administrative immigration detention. 2019
2019
Committee on the Elimination of Discrimination Against Women § 56: The State party: (a) Introduce a general time limit on immigration detention and implement alternatives to detention; (b) Take immediate measures to end the detention of pregnant women and nursing mothers; (c) Take measures to enable asylum-seeking and refugee women to gain access to employment and appropriate housing. 2019
2019

> UN Special Procedures

Visits by Special Procedures of the UN Human Rights Council
Year of Visit
Observation Date
Special Rapporteur on violence against women, its causes and consequences 2014
2014
2014
Special Rapporteur on the human rights of migrants 2009
2009
2014
Special Rapporteur on freedom of religion or belief 2007
2007
2014
Relevant Recommendations or Observations by UN Special Procedures
Recommendation Year
Observation Date
Special Rapporteur on the human rights of migrants

> in relation to the administrative detention of migrants, the SR Migrants recommends that the Government: (a) consider the recommendations made by the Working Group on Arbitrary Detention in a 2009 report to the Human Rights Council,[58] particularly the call upon States to restrict the use of detention for immigration purposes, ensuring that it is a measure of last resort, only permissible for the shortest period of time and when no less restrictive measure is available and therefore, to use and make available alternative measures to detention both in law and in practice (b) take measures to review the implementation of national laws applicable to the detention of migrants to ensure that they are harmonized with international human rights norms that prohibit arbitrary detention and inhumane treatment (c) take all necessary steps to prevent cases of de facto indefinite detention and grant to migrants in detention all judicial guarantees, including keeping them informed of their cases’ status. > in relation to the protection of children and women in the context of migration, the SR Migrants recommends that the Government: (a) ensure the protection of migrant children accompanied by their families from detention and guarantee that migration laws include actual regulations that realize children’s rights and needs in such circumstances (b) determine the number of children subject to immigration control and detention (c) record the number of women entering and leaving immigration detention centres.

2010
2010
2010

> UN Universal Periodic Review

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
Yes 43.226 Establish a reasonable statutory time limit to the detention of asylum- seekers, which should be used as a measure of last resort, and make express provision for family reunification for any unaccompanied asylum-seeking children (Portugal); .. 43.286 Introduce a general statutory time limit on detention pending deportation (Germany); 43.287 Improve safety in prisons and address issues around immigration detention, including a statutory limit on immigration detention (Sri Lanka); 43.288 Ensure the same standards of reception for all migrants as well as ensuring them adequate access to health care and legal services (Russian Federation); 43.289 Improve humanitarian conditions in places of detention for asylum- seekers, in line with international human rights standards (Iraq); 43.290 Halt its plans to transfer asylum-seekers to other territories (Islamic Republic of Iran).. 43.291 Ensure that the implementation of the Nationality and Borders Act is in line with international refugee and human rights conventions and that it does not undermine the protection of refugee and asylum rights (Sweden); 43.292 Stop plans to transfer asylum-seekers to other countries, in violation of international law (Egypt); 43.293 Amend asylum laws to explicitly provide for family reunification (Egypt); 43.294 Take adequate measures to ensure that the detention of asylum- seekers is used only as a measure of last resort and establish a maximum legal period for the detention of immigrants (Uruguay); 43.295 Uphold its obligations under 1951 Convention relating to the Status of Refugees and do not engage in any practice that has the effect of undermining the right to asylum in the United Kingdom (Türkiye); 43.296 Respect the principle of non-refoulement and prohibit collective expulsions (Tunisia); 43.301 End the detention of asylum-seekers and ensure that no refugee is discriminated against on the basis of the manner in which they arrive in the country (Mexico); 43.302 Refrain from sending asylum-seekers to Rwanda and denounce the Asylum Partnership Agreement, which is in violation of international law and risks causing irreparable harm to those seeking international protection (Luxembourg). 2022 4th
2022
Yes 2012
2017
Yes 2017
2017
Yes 2008

> Global Compact for Migration (GCM)

GCM Resolution Endorsement
Observation Date
2018

> Global Compact on Refugees (GCR)

GCR Resolution Endorsement
Observation Date
2018

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ECHR, Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights 1951
1951
2017
ECHRP1, Protocol 1 to the European Convention on Human Rights (amended by protocol 11) 1952
1952
2017
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment 1988
1988
2017
CATHB, Convention on Action against Trafficking in Human Beings 2008
2008
2017
Procedures Directive 2005
2005
Reception Directive 2003
2003
Regional Judicial Decisions on Individual Complaints
Observation Date
European Court of Human Rights (ECtHR)

Saadi v The United Kingdom, 13229/03 violation of article 5(2)

2008
Relevant Recommendations or Observations of Regional Human Rights Mechanisms
Recommendation Year
Observation Date
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) 11. ... The CPT reiterates its recommendation that the United Kingdom authorities introduce a time limit for detention under immigration legislation. 24. ... The CPT recommends that all custodial and other staff are provided with ongoing training and support, notably in relation of inter-personal skills and cultural awareness, as well as appropriate oversight to ensure that they are capable of offering a supportive environment to persons held in immigration detention. 25. ... consideration should be given to providing more sheltered space outside to enable the residents to enjoy fresh air even when it is raining or very sunny. 27. Both Brook House and Colnbrook IRCs remained prison-like, which is not appropriate for holding persons detained under immigration legislation. At Brook House, some efforts to create a less austere environment were being made with the introduction of wall art on the wings. Further efforts should be explored at both IRCS in consultation with the residents about rendering the environment less austere, such as installing plants on the landings. 31. The CPT recommends that steps be taken to maintain the residential areas in a good state of repair which guarantees a healthy environment, notably in Harmondsworth IRC. Further, resolute action should be taken to improve the airflow systems in both Brook House and Colnbrook IRCs and efforts undertaken to improve the environment of the prison-like units at both IRCs. The toilets should be fully partitioned from the rest of the cell and all toilets should be fitted with a toilet seat. 32. ... The CPT recommends that steps be taken at Brook House, Colnbrook and Harmondsworth IRCs to provide all the outdoor yards with shelter from rain and sun as well as to render them more inviting, including by installing some greenery. 33. ... The CPT recommends that increased efforts be made to meet the dietary requirements of the resident populations in all the IRCs visited, taking due care that menus contain the requisite daily requirement of proteins and vitamins. 37. In sum, the activities available were very good for short periods of stay. However, there should be a broader range of purposeful activities (vocational and work) for persons staying for longer periods; the CPT invites the United Kingdom authorities to develop such activities for the persons concerned. 40. ... The CPT recommends that steps be taken in the reception area of Brook House to stop the alarm going off every time the doors are opened as it undermined any attempts to offer a trauma informed approach towards new arrivals. Further, all new arrivals should be provided with an information brochure on the centre at reception. 42. ... The CPT reiterates its recommendation that the United Kingdom authorities review the procedures regulating the transfer of detained persons under immigration legislation to avoid them travelling at night and arriving at IRCs between the hours of midnight and 7:00. Further, women being transferred to Derwentside should be provided with information on the journey and the centre prior to departure. 54. ...The CPT recommends that, at both Brook House and Colnbrook IRCs, steps be taken to fill the vacant healthcare posts and that, at Brook House, the presence of a psychiatrist should be increased to 0.5 FTE. 60. ...The CPT recommends that steps be taken at Brook House to find additional space for the healthcare clinics and that at Colnbrook call bells be installed in the rooms of the Enhancement Unit. 69. ...The CPT recommends that the UK authorities take all necessary measures to ensure that persons detained in immigration detention centres displaying symptoms of severe mental illness, who are certified by the IRC mental health team as requiring treatment in a psychiatric hospital, are transferred to an appropriate facility as soon as possible and, at the latest, within 14 days. If a person is suffering from an episode of acute decompensation in mental illness, they should be immediately transferred to hospital care. 76. ...The CPT recommends that the United Kingdom authorities develop a mandatory training course on the Rule 35 mechanism and systematically offers it to all medical practitioners and other relevant healthcare professionals working in immigration detention centres. Such training should not be left to the contracted healthcare providers. Further, it should ensure input from the Rule 35 team to ensure all parties have a common understanding of the process. The CPT would also like to receive confirmation that all healthcare professionals carrying out Rule 35 assessments have access to professional interpretation services. 90. ...The CPT recommends that the UK authorities end the policy of handcuffing women to a bed when they are escorted to an outside hospital for an assessment or treatment. 91. ...The CPT recommends that steps be taken to improve the possibilities for women detained at Derwentside to remain in contact with the outside world. 2023
2023
2023
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

The CPT recommends: • foreign national prisoners, if they are not deported at the end of their sentence, be transferred immediately to a facility which can provide conditions of detention and a regime in line with their new status of immigration detainees. Further, it would like to receive a copy of the action plan. • the authorities remind staff in the Brook House and Colnbrook IRCs [immigration removal centres] that no more force than is strictly necessary should be used to bring agitated/recalcitrant detainees under control. Further, it should be made clear to staff members at the Induction and Reception Unit in Colnbrook that all detainees are to be treated with respect and that abusive language will not be tolerated. • the management of Colnbrook ensure that the necessary information is provided during the induction period in a language that detainees can understand. • the authorities ensure that detained persons are allowed a minimum of one hour outdoor exercise per day, including when accommodated in an induction and reception unit. • the presence of general practitioners be increased by the equivalent of a half-time post. The presence of the psychiatrist should be increased to offer a sufficient number of sessions to cover the existing needs. The presence of a dentist should also be increased. • the authorities ensure that the application of handcuffs to persons escorted out of an IRC is based upon a thorough individual risk assessment. • steps be taken to ensure that any detainee displaying a significant mental health disorder is transferred without delay to an appropriate psychiatric facility. • training should be provided on an ongoing basis, in particular as regards interacting with potentially vulnerable detainees. • The CPT calls upon the authorities to take steps to ensure that detained persons are not handcuffed during medical examinations and that all such examinations are conducted out of the hearing and - unless the doctor concerned requests otherwise in a particular case - out of the sight of escorting officers. In order to ensure that these requirements can be met at the same time as meeting security needs, provision should be made for a secure room in each hospital where examinations of detained persons regularly occur. • The CPT considers it inappropriate to use detained persons as interpreters apart from emergency situations.

2014
2014
2014

HEALTH CARE PROVISION

HEALTH IMPACTS

Health Impacts
Self-harming
2023
Self-harming
2022
Self-harming
2021
Self-harming
2020
Self-harming
2019
Self-harming
2018
Anxiety/panic disorders
2018
Post-traumatic stress disorder
2018
Depression
2018

COVID-19

Country Updates
A short-term holding facility for newly arrived migrants and asylum seekers has been denounced for “catastrophic overcrowding” and “grotesque treatment,” with the country’s Chief Inspector of Borders and Immigration reporting that he was left “speechless” by the conditions he observed inside. Thousands are currently detained in Manston Processing Centre where rights groups argue a “humanitarian catastrophe” is unfolding. The highly securitised centre - on a former military base in Kent and made up of large marquees - was opened in February this year as a non-residential short-term holding facility (STHF) to process the growing numbers of migrants and asylum seekers reaching the UK by boat. Unlike residential STHFs, which can detain non-nationals for up to 7 days, non-residential STHFs such as Manston may legally only detain individuals for 24 hours. Despite a capacity of 1,600, today 4,000 are reported to be crammed inside Manston–more than any UK prison population—and the majority for well beyond the 24 hour time limit. SOAS Detainee Support, which used a megaphone to communicate with detainees inside, heard of individuals being detained in the centre for 40 days. Conditions inside the marquees are reported to be squalid and dangerous. Even in September, the country’s Chief Inspector of Prisons found “exhausted detainees sleeping on the floor” due to a lack of beds, and detainees prevented from using toilets in private or using their mobile phones. During a visit last week, the Chief Inspector of Borders and Immigration reported speaking to an Afghan family with young children who had been forced to sleep on mats on the floor for 32 days. (The fact that children are being detained here goes against key international norms, which hold that children, including families, should never be detained for reasons related to their migration status.) The Home Office has also confirmed that cases of diphtheria have been found amongst detainees, while cases of scabies have similarly been reported. Pictures taken by SOAS Detainee Support on 31 October, meanwhile, show huge piles of confiscated belongings; a small, caged area where they witnessed a father walking with his daughter; and excessive levels of security. Although the centre is already grossly overcrowded, UK authorities continue to transport newly arrived migrants and refugees to the facility—as well as to transfer them in from other sites. Following a recent hate crime against another procesing centre (a firebomb attack on the Western Jet Foil centre in Dover, which injured two people), 700 people were bussed to Manston. At the same time as these arrivals continued, authorities have failed to transfer detainees out into appropriate asylum accommodation, creating a huge backlog at the centre. As the Chief Inspector of Borders and Prisons said, “The Home Office and contractors need to get a grip, they need to speed up the processing of migrants, they need to make suitable provisions so people can be moved off site as quickly as possible and housed in humane and decent conditions.” Some—including Manston’s local Conservative MP—have claimed that the overcrowding is a deliberate “policy decision” by Home Secretary Suella Braverman. According to sources, Braverman refused to sign off on measures that would have relieved the situation at Manston, such as approving hotel accommodation. However, speaking to MPs in the Commons on Monday, Braverman denied that she had vetoed advice to procure additional accommodation. Instead, she used the controversy to ramp up anti-migrant discourse, claiming that “the system is broken, illegal migration is out of control” and that the country is facing an “invasion on our Southern coast.” Coming just one day after the firebombing of the Western Jet Foil centre, Braverman’s inflammatory rhetoric was immediately condemned, including by her Immigration Minister who said: “In a job like mine, you have to choose your words very carefully. I would never demonise people coming to this country in pursuit of a better life.” Home Office statistics reveal that 38,000 people have arrived in the UK via the Channel route so far this year. 12,000 of these arrivals are Albanians–a huge increase on the 50 Albanians reported to arrive in 2020–prompting the government to consider a fast-track process to ensure their cases are heard quickly and removals are immediate if applications are unsuccessful. On top of this, of all the asylum applications made in 2021, only four percent of claims have been processed—creating a huge backlog within the processing system. According to the UK Parliament Home Affairs Committee, this backlog has also been worsened due to “antiquated IT systems, high staff turnover, and too few staff.”
The number of victims of trafficking detained in the UK has likely tripled in the past five years, says a new report published by the Helen Bamber Foundation in early October. Despite broad recognition of the vulnerabilities faced by trafficking and slavery victims, the report says, the UK government is treating survivors as criminals rather than victims by failing to take necessary steps to ensure identification and by enacting legislation that makes it harder to secure their release. According to the report’s joint authors -- the Helen Bamber Foundation, the Anti-Trafficking and Labour Exploitation Unit, Focus on Labour Exploitation, and Medical Justice -- UK government data shows that the number of people referred to the National Referral Mechanism (NRM), which is intended to identify victims of trafficking and modern slavery, has risen from 501 referrals in 2017 to 1,611 in 2021. Although the UK government has frequently touted rhetoric that individuals are “abusing the system” by falsely claiming to be victims of trafficking, over 90 percent of individuals referred to the NRM are found to be genuine. Identification, however, is not leading to release from detention. While UK policy previously stated that victims of trafficking were only eligible for detention in “exceptional circumstances,” a 2021 policy change brought victims under the controversial “Adults at Risk” (AAR) framework, which holds that being a potential or confirmed victim of trafficking or slavery is only one “indicator” that someone is vulnerable to suffering harm in detention. As such, victims are required to produce “scientific levels of evidence” that they are likely to suffer harm in detention before they are released. According to the authors: “Such evidence is difficult for victims of trafficking to obtain, particularly for the many who lack access to good quality legal representation. In practice, the policy encourages a ‘wait and see’ approach whereby vulnerable detainees are left to deteriorate in detention until avoidable harm has occurred and can then be documented.” The idea that non-nationals are “abusing the system” by falsely claiming to be victims of trafficking has steadily gained prominence among officials to justify hardening migration policies. New Home Secretary Suella Braverman, for instance, used a major speech to the Conservative Party conference on 4 October to accuse migrants -- particularly those from Albania -- of “abusing our asylum system” by falsely claiming to be modern slaves, and announced plans to overhaul the UK’s immigration legislation to ensure that “our laws are resilient against abuse.” Braverman -- who has said that it is her “dream” and “obsession” to see a deportation flight take off to Rwanda -- also took aim at the European Court of Human Rights (ECtHR), which intervened in June to ground the UK’s first flight taking asylum seekers to Rwanda. She stated: “We need to find a way to make the Rwanda scheme work. … We cannot allow a foreign court to undermine the sovereignty of our borders. … We need to take back control.” The Home Secretary also pledged to ban anyone who enters the UK illegally from applying for asylum. “If you deliberately enter the United Kingdom illegally, from a safe country, you should be swiftly returned to your home country or relocated to Rwanda. That is where your asylum claim will be considered.”
UK Prime Minister Boris Johnson announced on 14 April that “from today, anyone entering the UK illegally as well as those who have arrived illegally since January 1 may now be relocated to Rwanda. Rwanda will have the capacity to resettle tens of thousands of people in the years ahead.” The UK claims that the plan to send asylum seekers to Rwanda will not only deter people from embarking on dangerous sea journeys but will also help break the “business model of people smuggling gangs.” Additional measures include putting the country’s navy in charge of operations in the Channel from 15 April 2022 onwards and setting up a new reception centre to hold people attempting to enter the UK to avoid having to house asylum seekers in hotels. The reception centre is to be built on a former RAF base at Linton-on-Ouse in North Yorkshire. However, unlike existing detention centres, people held there will be free to come and go. The highly controversial deal--which has been harshly criticised by church leaders, opposition politicians, and national and international refugee rights advocates--was sealed by UK Home Secretary Priti Patel during a trip to Rwanda on 14 April, when she and the Rwandan minister for foreign affairs and international cooperation, Vincent Biruta, signed an “economic development partnership” between the two countries. The deal will be funded by the UK at a cost of some £120 million. Unsuccessful asylum seekers would be integrated into communities in Rwanda and can opt to remain in the country or return to their home countries. According to the UK Secretary of State for Wales, the scheme is mostly focused on single young men coming to the UK in search of economic opportunities. It is nonetheless unclear whether only men will be sent to Rwanda, whether they will have a right of appeal, whether cases will initially be processed in the UK, and whether only those deemed “economic migrants” will be removed. According to the Guardian, it is expected that people removed will initially be taken to a hostel in Kigali for processing. Home Office minister, Tom Pursglove, insisted that the scheme would save money in the “longer term,” despite a reported cost of up to £30,000 per person and that the UK is “spending £5 million per day accommodating individuals who are crossing in hotels. That is not sustainable and is not acceptable and we have to get that under control.” Yet, the Guardian reported that government insiders said that they expect many legal battles which could leave the scheme costing much more, with some predicting it could take two years before anyone is flown to Rwanda. While the Prime Minister insisted that Rwanda was one of the safest countries in the world, the UK criticised the country last year for its human rights record. The NGO Detention Action, criticised the scheme and said that people sent there could face “indefinite detention under a government notorious for violent persecution of dissent.” The organisation also highlighted that “the UK currently gives asylum to Rwandan refugees fleeing political persecution.” Human Rights Watch recalled that in 2018, Rwandan security forces shot dead at least 12 refugees from the Democratic Republic of Congo when they protested a cut to food rations. Authorities subsequently arrested and prosecuted more than 60 refugees on charges including rebellion and spreading false information with intent to create a hostile international opinion against the Rwandan state. Moreover, the UNHCR expressed concern over the scheme. A spokesperson for the organisation said that the “UNHCR does not support the externalisation of asylum states’ obligations. This includes measures taken by states to transfer asylum seekers and refugees to other countries, with insufficient safeguards to protect their rights, or where this leads to the shifting rather than the sharing of responsibilities to protect refugees.” The Refugee Council also denounced the government’s plans and said that the government was choosing “control and punishment above compassion despite the fact its own data shows that two thirds of men, women and children arriving in small boats come from countries where war and persecution has forced them from their homes.” The deal also comes as COVID-19 continues to wreak havoc on UK detention and deportation efforts, which could also complicate efforts to implement the Rwanda scheme. In one case from late 2021, several people were taken off a deportation flight to Jamaica due to a large number of COVID-19 cases at the Colnbrook Immigration Removal Centre. One detainee at the centre told Metro that his roommate had tested positive for COVID-19 and that he had not been tested nor changed rooms. The Jamaican government raised concerns about whether the people due to fly were COVID-free and had had PCR tests before being taken to the plane. Several people deported to Jamaica in December 2020 were found to have COVID-19. In terms of COVID-19 vaccinations within the country, a study published by the Lanlungan Filipino Consortium found that undocumented migrants were afraid of trying to obtain the vaccine because of their immigration status. The UK government said that diagnosis and treatment for COVID-19 is free and available to all regardless of immigration status. However, treatment for secondary or subsequent illnesses, including complications arising from COVID-19, are not included. Home Office data shows that in 2021, the number of people deported from the UK was at a record low, while asylum applications soared. 28,526 people arrived on small boats last year, up from 8,404 in 2020. From September 2020 to September 2021, 2,380 people were forcibly returned to another country, representing a yearly drop of 35 percent and the lowest number on record. On the other hand, there were 48,540 asylum applications in the UK in 2021, 63 percent more than in 2020. Also, at the end of December 2021, there were 1,179 persons in immigration detention (including those detained under immigration legislation in prison), 69 percent more than at the end of June 2020 (698), but 28 percent fewer than pre-pandemic levels at the end of December 2019 (1,637). Home Office figures show that 76 percent of those who left detention in 2021, were detained for seven days or less.
In late October, reports emerged of far right groups targeting hotels where Afghan refugees were being accommodated. Britain First and other far right organisations say they are concerned at the cost of resettlement of Afghan refugees. According to the Guardian, Britain First has made several unsolicited visits to hotels housing refugees, trying to approach refugees to ask them if they were waiting for a house. The group has also published videos showing luxurious rooms and communal areas, which according to the Guardian may be from promotional material from the hotels’ websites and incorrectly describe the Afghan refugees as illegal migrants. Britain First had previously held a protest in front of the Britannia Hotel in Wigan, which accommodates refugees, alleging that male refugees had been sexually harassing schoolgirls. The police dismissed these claims and stated that no offence had been committed. A spokesperson for the organisation Hope Not Hate said: “It’s grimly predictable to see the far right harassing Afghan refugees where they are living. Immigration has long been a focus of the far right, but they have capitalised on the Afghan resettlement scheme to bring together Islamophobic tropes with anti-migrant hate.” The Home Office has reportedly also been housing asylum seekers in a former courthouse, which has since become a tourist hostel. Before being used to house asylum seekers, the hostel offered guests “an authentic prison cell” to stay at. According to the Guardian, hundreds of migrants have been held in the facility, including people who were imprisoned in their home countries, such as Libya. The hostel has preserved many of the site’s former penal trappings, including cell windows and heavy old-fashioned cell doors, and it is made up of a mix of dormitories and smaller rooms and “cells.” The Home Office claims that the asylum seekers are staying in “regular hotel accommodation” and that the section of the building with cell-like hotel rooms is not accessible. Internal Home Office email discussions on how to respond to the Guardian’s question were inadvertently sent to the Independent, which passed on the communications to the Guardian. One official told a colleague: “I’ve called them experience rooms to avoid saying prison. Can we say that no-one has stayed in court rooms or were they inappropriately placed there?” The emails also revealed that Home Office officials had visited the hostel on 25 October 2021 and discovered overcrowding and a courtroom “fully set.” One asylum seeker staying there said: “Everything is so bad here. Some of us have been through Libya where we have been imprisoned or have been tortured in other places. It makes us feel very bad to be living in a prison building even though we are not locked in.” He also added: “We are all sleeping close together and we are worried that we will catch COVID.” Civil society groups have strongly criticised the government’s practices and the founder of Humans for Rights Network called for the closure of the centre and that residents be “provided with safe, secure accommodation that does not resemble a prison.”
A surge in COVID-19 cases notwithstanding, UK authorities are continuing to arrange deportation flights. On 21 July, a flight to Zimbabwe departed with an estimated 14 persons on board. The first mass-deportation to Zimbabwe in years, media reports state that the flight marked the start of a planned “summer season” of deportations organised by the Home Office. Originally, the flight to Zimbabwe was scheduled to remove 50 people, but due to a combination of dozens of escorts having to self-isolate having come into contact with COVID-positive individuals; a new COVID outbreak at Brook House Immigration Removal Centre; and legal challenges, an estimated 36 deportations were paused. The UK’s treatment of asylum seekers has come under renewed scrutiny after a controversial new “Nationality and Borders Bill”--dubbed the “Anti-Refugee Bill” by many campaigners--received backing in Parliament. According to the country’s Home Secretary Priti Patel, the bill will adopt “a fair but firm approach” and is “the change we need to fix the UK’s broken asylum system.” Among its various reforms is the criminalisation of entry into the UK without permission, an accelerated appeals procedure, and plans for Australian-style offshore detention. According to the bill, asylum seekers who travel to the UK from a safe third country will risk prosecution for unlawful entry and their asylum claims will be treated as “inadmissible”, and amendments to both the UK’s 2002 Nationality, Immigration and Asylum Act and 2004 Asylum and Immigration Act will allow removal to a “safe country” while an asylum claim is pending. NGOs, rights campaigners, and opposition MPs slammed the new bill. More than 200 organisations joined the “Together with Refugees” campaign, which is calling for a “fair, effective, and humane asylum system.” The UK’s Shadow Home Secretary lambasted it as “a missed opportunity that represents the worst of all worlds,” while another Labour MP stated: “The Bill is not about improving legislation, but about hate. It is little more than political gesturing of the worst kind.” The NGO Bail for Immigration Detainees (BID) expressed dismay at the bill’s “dire implications for human rights,” and the Refugee Council described it as “the latest stage in the ongoing attack on refugee rights in the UK.” Many also argue that the bill breaches the 1951 Refugee Convention, which provides that the status of an asylum claim should not be dependent upon mode of entry to a country. Others have also highlighted the UK’s relatively low arrival rate within Europe - “It’s important to remember that compared to other European countries, the UK was only fifth in absolute terms in the number of asylum applications it received in 2020, and 17th if we adjust this number by population size.” As previously reported on this platform (see 22 April update), non-nationals living in the UK are eligible to receive COVID-19 vaccines, “regardless of whether they have the legal right to live and work in the country and that getting the shot would not trigger immigration checks.” However, according to special report published by The Independent and the Bureau of Investigative Journalism, “hundreds of thousands of undocumented migrants face being blocked from booking Covid vaccinations, because GP surgeries are refusing to register them.” According to the report, fewer than a quarter of GPs across the country would register someone without ID documents or proof of address--thus leaving them incapable of accessing the vaccine. On 21 July, campaigners welcomed the announcement that plans for an immigration detention facility in County Durham (Hassockfield) have been opposed by Durham County Council. “The County council has now clearly challenged that view, and opponents of the scheme are eager to work with the Council in any way possible to prevent the site from being used as an immigration detention centre in the future.”
Cross-party parliamentarians have urged UK Home Secretary Priti Patel to cease the use of former military barracks for confining asylum seekers. In a letter to the Home Secretary, members of the All Party Parliamentary Group (APPG) on Immigration Detention wrote: “We do not believe such sites provide the safe, stable accommodation that people seeking asylum – many of whom have histories of torture, trafficking and other serious trauma – need in order to recover and rebuild their lives.” (Although authorities have now closed Penally Camp in Wales, they are continuing to employ Napier Barracks--a facility that was the site of a large COVID-19 outbreak earlier this year. See 4 February 2021 update on this platform.) In early March, the Independent Inspector of Borders and Immigration and the Inspection Team Leader at HM Inspectorate of Prisons published their initial findings following site visits to both Napier and Penally. In their report, the inspectors highlighted serious concerns, including the lack of COVID security in accommodation (given large communal sleeping areas); poor fire safety; the presence of inexperienced managers lacking the necessary skills to run such facilities; and isolation blocks deemed unfit for habitation. In a survey conducted by the inspectors, a third of respondents among detainees as Napier reported having felt suicidal, and at Penally the vast majority reported that they did not feel they were being kept safe from the risk of infection. Meanwhile, as UK authorities race to vaccinate the country’s population, some have warned that migrants’ fear of deportation may be stopping many from accessing the vaccine. Although government guidelines state that non-nationals--including undocumented migrants--can access the vaccine free of charge, numerous reports have suggested that undocumented migrants are afraid to register with a GP to access the vaccination out of fear that their data will be shared with the Home Office. In a letter to the UK’s Vaccine Minister, Labour MP Sarah Owen and Conservative Peer Lord Sheikh asked how the government planned on reaching those who might be reluctant to access the vaccine. They added: “We are deeply concerned that the large numbers of people who are undocumented will be highly vulnerable and disproportionately impacted by Covid-19, while also being some of the most hesitant to reach out to receive their vaccine.” In February, over 140 NGOs, faith groups, local authorities, and medical organisations urged authorities to establish a firewall between medical bodies and immigration authorities.
Since opening as asylum accommodation in October 2020, the UK’s Napier Barracks--formerly military barracks operated by the Ministry of Defence--have been the subject of intense criticism. Run by a private contractor (Clearsprings, which stands to make £1 billion in ten years from its government contracts to run asylum centres in Wales and South East England), Napier is not officially a detention centre. However, newly arrived asylum seekers are transferred to the facility before any determination of their status has been made, and they are “effectively forced to remain while their refugee claims are considered.” The facility has been regularly criticised for overcrowding, limited access to healthcare and legal advice, and unsuitable accommodation conditions, with several images showing bedsheets hung up to create privacy, and overflowing toilet blocks. One Iranian asylum seeker told the Guardian, “The first impression I had was it looked like a prison. There were fences, security guards walking around, I was really depressed. … There is no support for mental wellbeing. We have one nurse on site, in case you get a cold or flu. People are getting more and more frustrated.” In mid-January the facility witnessed a large COVID-19 outbreak during which more than 120 asylum seekers contracted the virus. Accounts from those inside the facility paint a bleak picture: the centre’s management allegedly failed to adopt health measures to protect against infection and instead treated the entire facility as “one big house”--allowing the virus to spread rapidly and seemingly uncontrollably. Activists and rights advocates, calling for the immediate closure of the facility, have held frequent protests outside the barracks. A freelance photographer who photographed one such protest on 28 January was arrested on suspicion of criminal damage--and had his camera and memory card confiscated. The photographer, 46 year old Andy Aitchison, commented, “It feels like a light has been shone on them and they’ve got the sledgehammer out. It’s censorship: if you don’t toe the line, we shut you down.” The day after Aitchison’s arrest, a fire started in one of the barracks’ blocks, leaving the rest of the facility without electricity, heating, and drinking water. Charities who offered to provide blankets were reportedly turned away. Responding to the fire, the UK’s Home Secretary Priti Patel immediately condemned the event and warned that the Home Office would take action against those “vandalising property” while also justifying the continued use of the military space for accommodating asylum seekers. She tweeted, “The site has previously accommodated our brave soldiers and army personnel - it is an insult to say that it is not good enough for these individuals.” However, as one lawyer representing an asylum seeker in the facility responded, “My client, a victim of torture, having fled the civil war in Darfur is not being ‘accommodated’ - he is being detained in a military camp, in ear shot of regular gun fire from MoD [Ministry of Defence] firing range, trapped with 400 other ppl, at least 120 of whom have covid, and no proper healthcare.”
Following the news of a COVID outbreak in Brook House Immigration Removal Centre (see 16 December update on this platform), on 8 January the Home Office announced the centre’s temporary closure (for ten days) due to a number of positive cases amongst staff. A Home Office spokesman confirmed that several detainees had been transferred to an alternative detention centre (Colnbrook, near Heathrow airport)--a move that detainee rights groups immediately condemned. A representative for Bail for Immigration Detention said that “the decision to transfer people to Colnbrook is incredibly dangerous and places the lives of everybody held there in grave danger.” The facility’s closure comes amidst soaring COVID-19 cases in the UK. As authorities attempt to tackle the new, more transmissible mutation of the virus, a country-wide lockdown is in effect. All persons have been ordered to stay at home and non-essential travel is banned. Despite these measures, however, the Home Office is reported to be continuing to organise deportations. On 6 January, the Independent reported that two deportation flights are due to depart this week: one to Romania on 13 January; and one to Poland on 14 January. When challenged about the safety of these flights, the Home Office said that it would “continue to progress operations with appropriate measures in place.” Lawyers, politicians, rights advocates, and activists have lambasted the decision to continue deportations amidst the new wave of infections. “The Home Office's ramping up of deportation flights during a pandemic is irresponsible & inhumane,” wrote one Labour MP on Twitter. “Rather than putting populism before public health, it should suspend these flights and urgently review its detention & deportation policies.”
A coronavirus outbreak was confirmed at the UK’s Brook House Immigration Removal Centre (close to Gatwick Airport) in early December. While the Home Office declined to clarify how many positive cases had been recorded or how many people were in isolation at that time, the Guardian reported that at least 17 detainees had tested positive and that three wings of the centre had been locked down as of 10 December. According to the newspaper, Serco--the private security company that took over from G4S in early 2020 in managing the facility--pushed a notice under detainees’ doors on 10 December, confirming the outbreak. Due to the lockdown, the deportation of several asylum seekers who recently arrived in the UK via small boats and who are confined in the facility was postponed. The outbreak has led to renewed calls for all detainees to be immediately released. “The outbreak of COVID-19 at #BrookHouse detention centre was completely predictable - and utterly preventable. Nobody should be detained for immigration purposes during a global pandemic,” tweeted Freedom From Torture. Celia Clark, the director of Bail for Immigration Detainees (BID), similarly argued: “The government should now recognise that the use of detention and deportation in the current climate helps to spread coronavirus and puts lives at risk.” Since September, the Home Office has been using two former military barracks (Napier Barracks in Kent, and Penally Barracks in Pembrokeshire) to detain newly arrived asylum seekers. Although it has reported that these facilities are intended for temporary accommodation only--with asylum seekers due to be moved into housing while their applications are assessed--the Guardian reports that many people are instead being transferred directly from these facilities into immigration removal centres, from where they will be deported. Lawyers seeking to assist asylum seekers in the Kent barracks have been denied access. “It’s unusual because even in a detention centre they arrange legal advice, and this is not meant to be a detention centre,” said one solicitor. Some volunteers who have managed to enter the site have accused the Home Office of attempting to cover-up what they call “disturbing” conditions for their entry, including requiring them to sign confidentiality agreements. According to lawyers, up to 15 asylum seekers are forced to share rooms, with sheets hanging between them to create a sense of separation. The government appears to have stepped up efforts to deport non-nationals--although several successful legal appeals have ensured that some deportation orders were postponed. Particularly controversial was a 2 December deportation flight to Jamaica, which rights advocates claim had close Windrush undertones. In a letter signed by several NGOs, as well as solicitors and barristers (including 11 QCs), the flight was branded as racist, unjust, and unlawful. Nevertheless, the flight went ahead with 13 of the 50 original intended deportees. On 1 December, changes to the country’s immigration rules came into effect. These include a controversial amendment that allows authorities to deport non-nationals if they are found to be rough-sleeping--even if they have permission to stay, or have lodged an application to stay. (“9.21.1. Permission to stay may be refused where the decision maker is satisfied that a person has been rough sleeping in the UK.”) As migrant rights groups point out, the number of homeless persons has significantly increased during the pandemic, particularly amongst those with NRPF status (No Recourse to Public Funds, a condition that is frequently applied to persons with limited leave to enter or remain and which leaves them unable to obtain various forms of assistance, such as housing support). “It is shockingly cruel and inhumane to threaten someone with deportation simply because they have been driven into rough sleeping,” said Kate Allen, the Director of Amnesty UK. “It is especially appalling that this heartless policy is being introduced during a pandemic when life for those without a proper place to live is already incredibly difficult.”
So far in 2020, more than 7,400 people have arrived in the UK via small boats, nearly four times as many as in 2019. Seven migrants have died trying to cross the Channel this year, three more than last year. Part of this increase may be due to COVID-19 restrictions and the suspension of resettlement schemes such as in the UK, which is supposed to resettle about 5,000 refugees a year. UNHCR’s UK representative said: “UNHCR hopes that resettlement to the UK will restart very soon, once reception capacity is concerned and any remaining logistical issues related to COVID-19 are overcome by the authorities. The pandemic has presented new, acute hardships and uncertainties for refugees.” The statement comes after two young children and their parents died while trying to cross the Channel during the week of 26 October 2020. Following the unsuccessful legal challenge presented by Detention Action in March (see 5 April and 11 May UK updates on this platform), which aimed to force the Home Office to release all immigration detainees, a number of claims for judicial review have been instigated on behalf of individuals detained at immigration removal centres. In one case, R (on the application of Zalys) v. Secretary of State for the Home Department [2020] 4 WLUK 86, the claimant argued that in addition to waiting for the outcome of his appeal against a deportation order requiring his removal, travel restrictions resulting from the pandemic rendered it impossible for the Home Office to remove him to Lithuania within a reasonable timeframe. The claimant also argued that his continued detention in a “congregate setting” was directly contrary to government guidance, particularly so in light of his serious underlying medical conditions. In consequence, the claimant was granted permission to apply for judicial review, with the judge stating that the claimant had established a strong prima facie case for his release. The claimant was then placed on immigration bail by the Home Office. On 30 October, the Guardian reported that the government had increased cash support payments for asylum seekers by 3 pence (£0.03) per week, increasing the current weekly rate of £39.60 to £39.63 following a review by the Home Office. This now equates to around £5.66 a day. Several charities, who have been pushing the UK government to increase support rates, have criticised the measure. The group Asylum Matters said that “this review was an opportunity for the Home Office to put this right, and ensure people seeking refugee status in the UK are safe and supported, during the pandemic and beyond. Instead, they’ve blown it -- 3p a week is an insult, not an increase.” In the UK, people seeking asylum are barred from working while they wait for a decision on their claims. Yet, immigration figures released in August revealed that more than 70 percent of people seeking asylum in the UK wait more than six months for a decision on their claim. COVID-19 has put the country’s prison system and prisoners under considerable pressure and psychological stress. On 4 October 2020, campaigners at the Prison Reform Trust (PRT) found that coronavirus measures in English and Welsh prisons have delayed the release of potentially thousands of prisoners by blocking chances for inmates to take part in rehabilitation activities, required to progress in their sentences. In addition, PRT said that the uncertainty caused by the virus is leading to increasing despair and hopelessness as well as putting a significant strain on prisoners’ mental health and wellbeing.
So far this year, more than 7,400 asylum seekers and migrants have arrived in the UK by small boat--nearly four times as many as in 2019. A new report has revealed that new arrivals are processed at a makeshift facility in Tug Haven, where hundreds are “forced to spend hours in cramped containers on a “rubble-strewn building site,” without appropriate provision of dry clothes and other basic supplies. As part of the “processing,” arrivals are screened for urgent medical conditions and symptoms of COVID-19--those who display symptoms are placed in a designated van. Peter Clarke, Chief Inspector for Prisons, said: “While the number of arrivals had been far higher in 2020 than in previous years, the reception arrangements at Tug Haven were not fit for even small numbers.” In Scotland, a COVID-19 outbreak has been reported in Dungavel House Immigration Removal Centre. Although the UK’s Home Office confirmed the detection of cases amongst immigration detainees in the facility, it withheld revealing the number of persons currently in the facility, and the number of confirmed cases. In May, however, the BBC reported that the IRC was “thought to be nearly empty” (see 11 May update on this platform). In a letter to the Home Secretary, the All Party Parliamentary Group (APPG) on Immigration Detention requested that the Home Office reveal figures clarifying the number of detainees that have tested positive in the facility in the past 30 days. The centre--which currently has capacity for 125 persons (after being reduced from 249 at the end of 2019)--is run by the for-profit GEO Group. Campaigners, who have long called for the facility’s closure, have urged authorities to release the remaining detainees, citing their concerns that persons in the facility “already suffer from mental health and medical conditions.” (In 2019, figures obtained by BBC Scotland revealed that 40 percent of detainees in the facility were classed as “vulnerable.” The BBC also reported that children continued to be detained in the facility, despite the UK government claiming in 2010 that it would end the detention of children.) As well as calling for their release, lawyers and campaigners have demanded that all persons released be tested for the virus and placed in private accommodation. According to the APPG, one case has also been detected in Brook House IRC. Despite COVID-19 cases rising rapidly across the UK, the APPG reports that the number of persons in detention has risen in recent months (having been reduced during the first wave of the pandemic), and transfers of detainees around the detention estate have continued, despite the fact that such movements may spread the virus across facilities. Although transfers have reportedly continued, UK government guidance (last updated in July) specifies that visits to immigration detention centres across the country remain barred--although some visits may be accommodated in exceptional circumstances. This also applies to visits by legal representatives: “Visits by legal representatives can continue but only in exceptional circumstances and if no other means of contact (Skype, phone, email) can be used instead.” However, as the Law Society noted in its latest report--”Law Under Lockdown”--solicitors have reported that the availability of technology within IRCs can be limited: “it is vital that adequate communication with lawyers is maintained from IRCs to ensure that individuals are represented effectively in these.” According to the UK’s Inspectorate of Prisons for England and Wales, which released its 2019-2020 annual report this week, 23,075 people entered detention across the UK in the 12 months to 31 March 2020--5 percent fewer than the previous year. In surveys assessing detainees’ sense of safety, the Inspector found that a third of detainees at Brook House and Morton Hall IRCs, and almost half at Colnbrook IRC, said that they felt “unsafe.” Several factors accounted for this feeling, such as fear of removal, concern about the progress of their immigration cases, the behaviour of other detainees “frustrated at their confinement,” and lengthy indefinite detention.
The Covid-19 pandemic appears to be fundamentally altering how migrants and asylum seekers arrive in the UK ... and how the UK responds to these arrivals. So far this year, some 7,000 people have arrived irregularly on small boats that have made the perilous crossing of the Channel--more than three times the number during all of 2019--which appears to be driven at least in part by the decreasing volume of lorry traffic in and out of the country (see the 27 August 2020 update). Last month, UK authorities announced plans to repurpose Yarl’s Wood Detention Centre to boost its capacity to accommodate people intercepted while attempting this crossing (see 27 August United Kingdom update on this platform). While these developments have drawn widespread attention, the Home Office has also been seeking to redesign the functioning of the country’s asylum system. On 1 October 2020, the Guardian reported on leaked documents revealing that trials have taken place to test a blockade in the Channel, similar to Australia’s controversial “turn back the boats” tactic. The document states that “trails are currently underway to test a ‘blockade’ tactic in the Channel on the median line between French and UK waters, akin to the Australian ‘turn back’ tactic, whereby migrant boats would be physically prevented (most likely by one or more UK RHIBs, rigid hull inflatable boats, from entering UK waters.” The UK government said it would not comment on the leaked measures but said that they would soon bring forward ‘a package of measures’ to address illegal migration once the UK has left the EU.” On 30 September, the Guardian reported that the UK government was considering the option of sending asylum seekers to Moldova, Morocco, or Papua New Guinea. Documents seen by the Guardian detailed proposals to hold refugees in offshore detention centres. However, the documents suggest that officials in the Foreign Office have been resisting the government's proposals to process asylum applications in detention facilities overseas. The documents also reportedly contained suggestions on the construction of detention centres on the islands of Ascension and St. Helena. The documents, marked “official” and “sensitive” summarise advice from Foreign Office officials, which had been asked to “offer advice on possible options for negotiating an offshore asylum processing facility similar to the Australian model in Papua New Guinea and Nauru.” The Australian system has attracted criticism from human rights groups, the United Nations, and even the UK government. According to the documents seen by the Guardian, British ministers have privately raised concerns with Australia over the abuse of detainees in its offshore detention facilities.” On 30 September, Home Secretary Priti Patel asked officials to consider processing asylum seekers at Ascension and St. Helena. Home Office sources were quick to distance themselves from the proposals and the UK government has also played down both islands as destinations for asylum processing centres. However, the documents seen by the Guardian seem to suggest that the government had been working on “detailed plans” that include cost estimates of building camps, as well as other proposals to build facilities in Moldova, Morocco, and Papua New Guinea. The UK’s proposal seems to go further than Australia’s system, which is based on migrants being intercepted while outside national waters. The UK documents state that its proposal would involve relocating asylum seekers who “have arrived in the UK and are firmly within the jurisdiction of the UK for the purposes of the ECHR and Human Rights Act 1998.” In addition, the documents suggest that the idea of third country destinations for UK asylum processing centres came directly from Downing Street and the request for advice reportedly came from “the PM.” The Times also reported that the government was giving serious consideration to the idea of creating floating asylum centres in disused ferries moored off the UK coast. Nonetheless, the Foreign Office advice contained in the documents appears to be highly dismissive of the ideas emanating from Downing Street, citing legal, practical, and diplomatic obstacles to processing asylum seekers overseas. The documents highlight that: Plans to process asylum seekers in Ascension or St Helena would be “extremely expensive and logistically complicated.” The estimated cost is £220m per 1,000 beds and running costs of £200m. One document adds that: “in relation to St Helena, we will need to consider if we are willing to impose the plan if the local government object.” Legal, diplomatic, and practical obstacles to the plan include the existence of “sensitive military installations” on the island of Ascension. Military issues mean that the “US government would need to be persuaded at the highest levels, and even then success cannot be guaranteed.” It is “highly unlikely” that any north African state would agree to hosting asylum seekers relocated to the UK. Seeming to dismiss the idea of sending asylum seekers to Moldova, Foreign Office officials pointed out that there is a conflict over Transnistria as well as endemic corruption. In consequence, “if an asylum centre depended on reliable, transparent, credible cooperation from the host country justice system, we would not be able to rely on this.” Foreign Office officials also warned of “significant political and logistical obstacles” to sending asylum seekers to Papua New Guinea including that the country is more than 8,500 miles away, has a fragile public health system and is “one of the bottom few countries in the world in terms of medical personnel per head of population.” A Whitehall source familiar with the government plans stated that the plans were part of a push by the government to “radically beef-up the hostile environment” in 2021 following the end of the Brexit transition. The source said that the government is seeking to adopt policies that would “discourage” and “deter” migrants from entering the UK irregularly, similarly to Theresa May’s “hostile environment”, which is no longer being used in government. The documents seen by the Guardian contain legal advice from the Home Office to Downing Street. The advice states that the policy would require legislative changes, including “disapplying sections 77 and 78 of the Nationality Immigration and Asylum Act 2002 so that asylum seekers can be removed from the UK while their claim or appeal is pending.” On 30 September, when asked about the UK’s plans to ship asylum seekers to the south Atlantic for processing, Prime Minister Boris Johnson’s spokesperson confirmed that the UK was considering Australian-style offshore processing centres. He stated that the UK had a “long and proud history” of accepting asylum seekers but needed to act, particularly due to many migrants making unofficial crossings from France in small boats. The UK government plans have been strongly criticised by experts familiar with Australia’s immigration policies stating that the plan risks creating a fresh “human rights disaster.” Elaine Pearson, Australia director of Human Rights Watch (HRW), said that the Australian experience of offshore processing has been “a human rights disaster” that was still causing suffering. Despite the criticism, the top civil servant at the Home Office said that “all options are on the table” for the migration system, responding to reports that officials were asked to consider proposals to hold refugees in offshore detention centres. Matthew Rycroft, the department’s permanent secretary, said that the Cabinet Office would lead an inquiry into the leak of documents. Rycroft stated that the aim of the exercise was to improve “our system of asylum so we can continue to provide the protection to those who need it in accordance with our international obligations and to make sure the system is not being abused.”
During the first two weeks of August, more than 650 migrants and asylum seekers crossed the Channel from France. With fewer lorries able to cross during the pandemic, migrants and asylum seekers have increasingly sought to attempt the journey in dinghies, often with the aid of smugglers. The country’s Home Office has been advancing alarmist narratives surrounding the arrivals—even after the drowning of a Sudanese refugee during an attempt to cross the waterway—presenting it as a “crisis” which will only be solved by the UK’s exit from the EU. As well as tasking the Royal Air Force to patrol the route using a surveillance plane in order to “make the crossing unviable for small boats” (AP 13 August), authorities have also announced plans to repurpose Yarl’s Wood Detention Centre (formely restricted to detaining women) to hold people interdicted while attempting to cross. Some observers, however, have argued that the government’s recent focus on migration is an attempt to divert attention away from its handling of the pandemic. On 29 July, the Home Office announced that individuals whose departure orders were set to expire before 31 August would be allowed to temporarily remain, work, and study in the country. However, as of this update, it was unclear what would happen once the new deadline passed. The Home Office indicated that “exceptional indemnity” would apply to individuals who could not leave the country in time but intended to do so. On 7 July 2020, the Home Office released the second version of the “Guidance for Immigration Removal Centres (IRCs), Residential Short-Term Holding Facilities (RSTHFs) and escorts during the Covid-19 pandemic.” The guidance is intended to inform Home Office staff operating in IRCs and RSTHFs about Covid-19 measures in places of detention and covers the strategy for shielding those particularly vulnerable to the virus. Among the measures: detainees, staff, and visitors should frequently wash their hands using soap for at least 20 seconds; IRC suppliers should produce specific guidance for individuals to explain how to reduce the risks of a Covid-19 outbreak; detainees should be provided on request with appropriate disinfectant cleaning materials to clean their bedrooms; and detainees should be accommodated in single occupancy rooms with en-suite toilets. According to a blog post by Gherson, a UK-based law firm specialising in immigration law, reported that ongoing pleas to the Home Office to release all immigration detainees have been unsuccessful. A legal challenge by Detention Action, which aimed to force the Home Office to do that, was rejected by the High Court in late March (see 11 May United Kingdom update on this platform). Nevertheless, the number of people detained for immigration-related reasons more than halved between January and April, from over 1,500 to around 700 (see 5 April United Kingdom update on this platform). Gherson indicated that the most common reason behind the reduction in the number of people in immigration detention appears to be the significant increase in grants of immigration bail applications since lockdown. The legal charity, Bail for Immigration Detainees, reported a 95 percent success rate in their applications for bail since 23 March. Gherson adds that the arguments made by the Home Office to justify detention are less applicable in the wake of Covid-19 as long-term detention is severely restricted where there is no realistic prospect of removal. Unlike other European countries, the UK has not suspended removals in response to the pandemic and Home Office has even utilised indirect flights to countries of origin in an attempt to continue removals. Also, arguing that an individual is unlikely to comply with immigration bail conditions has also become more difficult to justify, according to Gherson. In related developments, prison restrictions in place in the UK since March have allowed youth detention facilities to keep children in their cells for up to 22 hours a day (see 15 July United Kingdom update on this platform). On 21 July, the Ministry of Justice announced that this measure could remain in place for two years. The Howard League for Penal Reform, a UK based charity, has been receiving reports from children in prisons about the severe impact of solitary confinement on their mental health. In mid-June, UK’s Labour MP released data showing that amongst the prisoners released since the beginning of the pandemic, approximately a 1,000 were homeless or without housing. After a drop of 5.4 percent in the prisoner population between March and June, numbers started rising again following the reopening of courts. On 31 July, Prison Insider reported that UK’s authorities were working on a plan to implement telemedicine in all the country’s prison system. This would allow prisoners to use a 4G tablet for medical consultations.
Although the UK did not issue a moratorium on new detention orders at the height of the pandemic, the Home Office ceased issuing new detention orders for people who, under normal circumstances, would face removal to one of 49 specified countries. This was confirmed in a GDP Covid-19 survey completed by a UK government official who asked to remain anonymous but whose identity was verified by the GDP. According to the source, the 49 countries are: Afghanistan, Albania, Algeria, Austria, Bulgaria,Cameroon, China, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Finland, France, Germany, Greece, Hungary, Italy, India, Iraq, Ireland, Jamaica, Jordan, Kenya, Kuwait, Latvia, Lichenstein, Lebanon, Libya, Luxembourg, Mauritania, Morocco, Netherlands,Pakistan, Poland, Portugal, Romania, Rwanda, Saudi Arabia, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, Sudan, Turkey, Uganda, Ukraine, Zimbabwe. While large numbers of immigration detainees were released from UK detention facilities at the height of the pandemic (see 11 May update), according to Home Office statistics some 295 people were placed in detention (Immigration removal centres (IRCs), Short-term holding facilities (STHF), or Pre-departure accommodation (PDAs)) between 23 March and the end of April. This figure does not include people brought into detention centres from UK prisons, so the exact number of new arrivals is likely higher. In spite of this, the total number of people in detention at the start of May was far lower than in previous months: 313 compared to 555 at the end of March 2020, and 1,278 at the end of December 2019. However, numbers are higher when one considers non-nationals detained in prisons: according to Avid Detention, approximately 700 persons remained in detention at the end of May. Like in many European countries, including notably Spain, there is an emerging debate in the UK over future measures for those who were released from detention during the crisis. Some of those released have been staying in Home Office accommodation or private housing, and have been required to stay in regular contact with government authorities. The UK is the only country in Europe where immigration detainees can be held indefinitely, a fact that has been the subject of considerable scrutiny and criticism in recent years. In June, as Parliament prepared to debate the new Immigration and Social Security Co-Ordination (EU Withdrawal) Bill -- the purpose of which is to end free movement for people from the EU due to Brexit -- the Conservative MP David Davis tabled an amendment that would cap the detention time limit at 28 days. The proposal coincided with the release of a highly critical report from the Jesuit Refugee Service investigating the impact of indefinite detention on migrants and asylum seekers prior to the pandemic. The report found that of those interviewed, many had found the prison-like conditions and lack of a release date deeply traumatic, with many reporting suicidal feelings and psychological damage. One former detainee said, “The most awful thing was an uncertainty: Not knowing whether I will be released and what they’re going to do to me.” Despite the amendment receiving cross-party support, the proposal was rejected. Although the Ministry of Justice has published daily briefings on the number of persons teste and the number of confirmed cases across the entire prison system, the Home Office has not published information on testing in immigration detention settings. As such, exact figures detailing those with symptoms and confirmed cases have remained unavailable. Avid Detention stated on 28 May, “It is not clear why this same level of transparency is not being applied to detention, given the heightened risk both prisons and detention environments pose.” In the United Kingdom, due to Covid-19, vulnerable children in prisons are left waiting for months for their postponed trials. In some cases, trials are postponed indefinitely. In addition, according to CNN, Covid-19 prison restrictions mean that children are put in solitary confinement for up to 23.5 hours a day and provided with little education, exercise, and cannot receive any visits. The latest figures, from May 2020, show that 614 children are in custody in England and Wales. These children have been detained in what UN guidelines define as “solitary confinement”: 22 hours a day without any meaningful human contact. These guidelines stipulate that this level of confinement should never be used on children. The prison service of England and Wales claim to want to relax solitary confinement measures in the coming weeks stating it knows the restrictions are difficult for children, but they claim these measures are based on expert advice and that they help save lives. Labour MP David Lammy argued that while Covid-19 is a challenge to the system, it is not a call for democratic countries to abandon norms that have been fought hard for. Lammy’s review of English and Welsh prisons found that black and other minority children are overly represented in the prison system, making up over half (52 percent) of children in prison, while minorities are only 14 percent of the UK’s population.
Despite an unsuccessful legal challenge from Detention Action seeking the release of all immigration detainees at the High Court in March (see 5 April update), more than 700 detainees were released between 16 March and 21 April as the government responded to concerns about the spread of Covid-19 within immigration detention facilities. The organisation has begun a petition requesting the release of all remaining immigration detainees. Official figures recorded 1,225 people in detention centres on 1 January and 368 at the latest count, which amounts to a reduction of almost three-quarters. According to detainees, there are 13 women left at the Yarl’s Wood immigration removal in Bedfordshire and the Tinsley House and Dungavel centres are thought to be nearly empty. Also, about 50 people are believed to have been deported during the crisis. Detention Action told the BBC (7 May) that the litigation had “forced major, rapid concessions from the government, including the release of 350 detainees in one week and a halt on new detentions of people facing removal to 49 countries.” Another NGO, Movement for Justice, commented: "Now we also know the centres can be easily emptied and people can manage their cases in the community." However, the Home Office has pushed back on this idea, arguing that “the vast majority of those in detention, at this time, are foreign national offenders. It is only right that we continue to protect the public from dangerous criminals.” Immigration detainees have reportedly been unable to access coronavirus tests despite living in shared accommodation centres where there have been confirmed cases of the virus. The managing Director of Mitie, a private firm contracted by the Home Office to run Harmondsworth and Colnbrook removal centres, told the Home Affairs Select Committee on 7 May 2020 that while all staff in the centre were able to access tests, there was at present “no particular policy” around testing for detainees. He added that Mitie had “recently written to the Home Office asking that testing becomes available as a matter of routine for detainees.” In English and Welsh prisons, it is estimated that around 1,800 prisoners could be infected with Covid-19, in addition to the 304 already confirmed cases, according to Public Health England (PHE). PHE also added that to avoid a further spread of the disease, protective measures within penitentiaries would have to be maintained until the end of the financial year (April 2021). With these measures in place, PHE has estimated that there will be around 2,800 infections and 100 deaths.
The UK’s Home Affairs Select Committee has called on the government to investigate concerns that cramped conditions in asylum accommodation are putting people at risk of the virus. In particular, the Committee noted its concerns regarding reports of poor conditions in an asylum centre in West Yorkshire that reportedly breached measures to control the spread of Covid-19. The Committee has also called for information on what steps the Home Office is taking to ensure that private contractors manage accommodation to ensure its safety. On 21 April, the Select Committee heard evidence from refugee NGOs and immigration lawyers as part of its inquiry into Home Office preparedness for the crisis. During the session, the committee sought to learn more about the issues facing migrants and asylum seekers and to assess whether changes are required to the provision of support to those in the asylum system, and to examine the government’s policy relating to immigration detention and the adequacy of protective measures recently implemented in detention centres.
As news emerged of a second confirmed case of Covid-19 within a UK Removal Centre, Alison Thewliss - chair of the All-Party Parliamentary Group on Immigration Detention - urged the UK government to release immigration detainees. In a letter to Home Secretary Priti Patel, Thewliss wrote, “The confirmation of a new coronavirus case at Brook House demonstrates the danger detainees are continuing to be put in. Now more than ever, protection must be prioritised over immigration targets. IRCs are high risk for clusters of Covid-19 with staff providing a conduit for infection to and from the community. The continued spread of the virus clearly highlights the very real risk of uncontrolled outbreaks at IRCs.”
Human rights organisations and legal bodies have repeatedly called on the UK Home office to release immigration detainees. While some 300 individuals were released from removal centres by the end of March, a legal filing seeking the release of all immigration detainees was blocked by the High Court. When the crisis first began to escalate in the UK, ten human rights and legal organisations wrote a letter to Home Secretary Priti Patel demanding the release of all people from immigration detention, stating that “there is a very real risk of an uncontrolled outbreak of Covid-19 in immigration detention.” The Shadow Immigration Minister, Bell Ribeiro-Addy MP, stated that she “fully supports calls from migration campaigners and lawyers to release immigration detainees on public health grounds amid the Coronavirus outbreak.” On 19 March, Detention Action issued a legal challenge, which sought to ensure that the government reviewed and released persons held under immigration powers, and to immediately halt all future deportations. On 21 March, some 300 detainees were released from several immigration detention centres, raising hopes that more of the detainee population would soon be freed. These hopes, however, were quickly dashed when Detention Action’s legal challenge was rejected by the High Court. During the case, the Home Office highlighted that numbers in immigration detention had fallen substantially from 1,200 in January to 736 in March. At the same time, the BBC reported that women continued to be placed in detention at Yarl’s Wood, despite one confirmed case of Covid-19 in the facility, and in a leaked letter from G4S, plans to isolate individual vulnerable detainees for up to three months were revealed. Thus, on 27 March, the call to release detainees was again repeated in an open-letter to Prime Minister Boris Johnson. More than 100 charities, grassroots organisations, academics, and legal professionals called on the government to reduce the number of persons in prisons, young offender institutions, secure training centres, and immigration detention facilities. The Ministry of Justice announced on 4 April 2020 that low-risk prisoners who are within two months of their release date are to be temporarily permitted to leave on licence. This announcement coincided with news that 88 prisoners and 15 staff had tested positive (2 staff died at Pentonville Prison). No mention of immigration detainees, however, was made - prompting rights groups to once again urge the government to release immigration detainees. As Medical Justice UK stated, “Now release immigration detainees. None are serving a criminal sentence and few can be deported during the global lockdown, making their indefinite detention in such harmful conditions incomprehensible, indefensible and just plain cruel.”
Did the country release immigration detainees as a result of the pandemic?
Yes
2020
Did the country use legal "alternatives to detention" as part of pandemic detention releases?
Unknown
2021
Did the country Temporarily Cease or Restrict Issuing Detention Orders?
No
2021
Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
Yes (Unknown) Yes Yes Yes
2021
Did the Country Lock-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Yes but have reopened
2021
Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
Yes
2021
Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
No
2021
Did the Country Release People from Criminal Prisons During the Pandemic?
Yes
2020
Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Yes
2021
Did the Country Restrict Access to Asylum Procedures?
No
2021
Did the Country Commence a National Vaccination Campaign?
Yes
2021
Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
Unknown (Unknown) Included Unknown Unknown
2020