Facing immigration detention or the threat of removal from the UK can be overwhelming. At ICONIQ Solicitors, we provide expert legal assistance to individuals detained under immigration powers, helping them navigate the complexities of the UK immigration system and explore all available avenues for challenge and release.
Understanding Immigration Detention
Immigration detention is an administrative process, not a criminal one. Individuals may be detained while awaiting examination, a decision on their immigration status, or removal from the UK. Detention can occur in various settings, including Immigration Removal Centres (IRCs), prisons, or short-term holding facilities.
Key Points:
- No Time Limit: There is no statutory time limit for how long someone can be detained under immigration powers.
- Detention Conditions: Detainees may experience challenging conditions, including limited access to legal advice and support.
- Vulnerable Individuals: Certain individuals, such as those with medical conditions, pregnant women, and survivors of torture or trafficking, may be considered for release under specific criteria.
Challenging Detention
If you or someone you know is detained, it’s crucial to understand your rights and options for challenging the detention. Legal avenues include:
- Immigration Bail: Applying for bail to secure release from detention.
There are two ways to get released on bail from immigration detention:
- Secretary of State Bail (Home Office bail) – This is considered on papers, so there is no bail hearing.
- Bail from an immigration judge (First-tier Tribunal bail) – This is dealt with at the Tribunal before an immigration judge. If bail from an immigration judge is granted, the detainee will be released with conditions. If bail from the immigration judge is refused, individuals have a right to apply again after 28 days.
- Judicial Review: Challenging the lawfulness of detention through the courts.
- Detention Reviews: Requesting regular reviews of detention to assess its necessity.
Facing Removal or Deportation
If you are at risk of removal or deportation from the UK, it’s essential to seek legal advice promptly. Possible grounds for challenging removal include:
- Asylum Claims: If you have a pending or new asylum claim.
- Human Rights Grounds: Such as family life or private life under Article 8 of the European Convention on Human Rights.
- Risk of Harm: If returning to your country would expose you to serious harm or persecution.
Legal Errors: Mistakes in the application of immigration law or procedure.