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Migrants: Detainees

Question for Home Office

UIN HL2314, tabled on 22 July 2021

To ask Her Majesty's Government what plans they have to reduce unlawful immigration detention; and what common factors they have identified in the erroneous decisions taken to detain.

Answered on

5 August 2021

Reducing instances of when the Courts find that we have unlawfully detained an individual is a priority. As part of our response to the Home Affairs Committee immigration detention report, the Home Office has begun a programme of work focused on litigation outcomes to ensure that best practice is shared, that lessons are learned, and that we reduce instances of unlawful detention

All detention decisions are made on a case-by-case basis, taking into account all available evidence as well as any safeguarding concerns. Once detention has been authorised, it must be kept under close review to ensure that it continues to be justified; cases are not only reviewed at regular intervals but also whenever new evidence comes to light in respect of removability, vulnerability and risk factors.

Home Office staff working in the detention system are given training and support to ensure detention decisions are lawful and appropriate. Additionally, there are a number of safeguards underpinning detention decisions, including a Detention Gatekeeper who reviews the suitability of individuals for detention and Case Progression Panels, which provide additional assurance and challenge in decisions to maintain detention.

Answered by

Home Office