Your Rights In Detention

Can I be detained?

Yes, the UK immigration authorities have wide powers to detain people for immigration reasons. You may be in detention because the Home Office:

• Want to establish your identity or the basis of your asylum application;
• Believe that you may not comply with any conditions attached to temporary admission;
• Are intending to remove you from the UK;
• Believe that your application for asylum is straightforward and they can make a quick decision on it.

It is important to remember that although you may have been detained lawfully in the beginning, it may not be lawful to keep you detained. Your detention should be reviewed after the first 24 hours and then on a monthly basis, however, often this is not done.

Will I know the reasons why I have been detained?

Yes, you should be given written reasons for your detention. Initially this should be given to you in the form of a checklist with the relevant reasons for detention ‘ticked’.

What can I do if I am detained?

It is very important to find a legal representative who can give you proper advice about your detention and immigration case.

How do I find a representative?

You can either ask other people in detention if they can recommend one to you or you can contact an organisation that has been set up to support people in detention. A list of organisations that provide free legal advice is listed at the end of this leaflet. Some of these organisations may be able to represent you and/or refer you to a representative near to where you are detained. If you do not have any income or savings you should be able obtain free representation under the Legal Services Commission’s ‘Legal Help Scheme’, which includes representation at a bail hearing.

What can my representative do for me?

Your representative can try to get you released from detention. They may also be able to stop you from being removed from the UK, or help you to make an application to stay in the UK:

• Your representative should, if this has not been done already, make a written request to the Immigration Service to release you on temporary admission. If this request is refused written reasons should be requested from the Immigration Service as to why temporary admission was refused;
• If temporary admission is refused, your legal representative can then make an application to the Chief Immigration Officer (CIO) for bail. Usually you will be required to provide details of a secure address where you would live if you were released, and details of any ‘sureties’ who are willing to put up money in order to obtain your release (see below for more information on sureties);
• If the application for CIO bail is refused, the next stage is for your representative to apply for bail at the Immigration Appellate Authority (IAA);
• If bail is refused a further bail application can be made, or it may be possible to get the decision to refuse bail judicially reviewed (by the High Court).

What can I do to help my representative secure my release?

You will need to give your representative as much information as possible. Some of the information that you give can be used to argue why you should be released from detention.

If there are exceptional circumstances for why you should not be detained you must tell your representative immediately. Exceptional circumstances can include pregnancy, physical or mental illness, or if you have suffered torture.

If you were detained on arrival:

• You must tell your representative in detail what happened when you arrived, including: the reasons why you came to the UK, the journey you took, the documents you used, if you had contact with the immigration authorities (and if so what questions they asked and the answers you gave), whether you were alone or accompanied.

If you were detained after your arrival:

• You should tell your representative what stage your immigration case is at, your contact with the immigration authorities to date, any periods of time you have had on temporary admission or bail, any other connections in the UK such as a settled address, employment, course of studies, family, personal relationships, community ties.

Other important details for release on temporary admission or bail:

• You will need to provide an address where you can stay on release. If you do not have an address or family or friends to stay with, your representative can contact the one-stop service near your detention centre to provide you with emergency accommodation.
• Having family or friends in the UK means that they could act as a surety for you. Acting as a surety means that they make a guarantee to the court that they will make you keep to the conditions of bail, if this has been granted. A sum of money is usually deposited in support of the guarantee. If you do not keep to the conditions of bail your sureties could lose their money. If you do not have family or friends who can act as sureties for you your representative can contact the Bail Circle who may be able to provide one for you (see contact list at the end of this leaflet).

Making a bail application at the Immigration Appellate Authority

If the written applications for temporary admission and CIO bail are unsuccessful, it is possible to make an application for bail before an Adjudicator at the Immigration Appellate Authority (IAA). Your representative should be able to advise you of this process.

First your representative will need to complete a form to request a bail hearing. They will be required to give details of an address where you will be able to stay on your release and also details of two sureties. Sometimes it is possible to make an application for bail without sureties, but generally you are more likely to succeed with your bail application if you have at least one surety.

The court should then give a hearing date within three days from the date that the application is made. They will provide an interpreter if requested. Your legal representative can either represent you him/herself or instruct a barrister or advocate to represent you at the hearing. If you have sureties they will generally be required to attend your hearing too and your legal representative should request that you be brought to the hearing as well. If you have no income or savings, you should be able to get free legal help under ‘Controlled Legal Representation’ from the Legal Services Commission to cover the cost of your barrister/advocate.

For more information on making a bail application you can contact Bail for Immigration Detainees (BID), and ask for a copy of their Notebook on Bail. This notebook aims to help you to:

• Understand your rights and make decisions about your case;
• Talk more easily with your legal representative about applications for your release;
• Find out more detailed reasons for detention from the Immigration Service;
• Collect information and documents that could support your bail application.

Details of how to contact BID are at the end of this leaflet.

What happens if I am released on Temporary Admission or Bail?

There are likely to be conditions attached to your release. Your representative will discuss these with you, but they usually include conditions such as living at a specific address, and reporting to the immigration authorities on a regular basis. If you break these conditions you may lose your temporary admission or your bail, and you will be at risk of being detained again.

Do I have any other rights whilst I am in detention?

Yes - see the list below (but note that this is not a full list of your rights whilst you are in detention).

Detention Reviews

You should have been given written reasons for your detention at the time you were detained. Then you should receive monthly written updates on the reasons for your detention.

Up-date on your case

You can request an up-date on the progress of your asylum case (for example your human rights claim, appeal, bail application, proposed removal, application for judicial review) at any time. You have the right to be informed of the progress of your case within a reasonable time.

Correspondence

You have the right to be provided with writing materials to send letters and you can send and receive as many letters as you wish. If you cannot pay for the postage, you can ask the detention centre to pay for a reasonable number of letters. You should ask the detention centre to fund the postage on all your important letters to your legal representative. Letters from your legal representative should not be opened and read by anyone except you.

Telephone calls

You have the right to use a public telephone and to receive telephone calls. If you cannot pay for a telephone call you can ask the detention centre to pay and they may help. You should ask the detention centre to fund all your important telephone calls to your legal representative.

Legal and Social Visits

You are entitled to as many visits as you wish, however these will be limited to set times and dates. You should be able to meet your legal representative privately.

Health care

Every detention centre has a doctor and a health care team. You can ask to see them, and every request should be recorded and passed to the doctor or health care team. The health care team should follow professional guidelines relating to medical confidentiality in respect of your consultation. You have the right to be examined by a doctor of the same sex.

Requests and Complaints

You should receive information on how to make requests and complaints to the detention centre staff in a language you understand soon after your arrival at the detention centre. If your rights are not being respected, you should complain using the detention centre procedure. You can make complaints verbally or in writing, all written complaints should be treated in confidence. As well as making complaints to the detention centre staff, you should also tell your legal representative and/or visitors from support groups about any difficulties you are having in detention. They may be able to complain on your behalf.

Organisations that may be able to help you

These organisations are based throughout England and Scotland. Try to contact an organisation near your detention centre. Those listed as ‘national’ give advice Legal Advice about your Immigration Case and Detention

Asylum Aid(National)

28 Commercial Street, London, E1 6LS

Telephone advice line: Mon & Tues 2-4.30pm, Thurs & Fri 10am-12.30pm

Tel: 020 7377 5123

Immigration Advisory Service - IAS (National, also regional offices)

2^nd Floor, County House, 190 Great Dover Street, London SE1 4YB

Tel: 020 7967 1200

Freephone from detention: 0800 435 427

You can also phone the operator on 100 and ask for a reverse charge call to IAS.

Refugee Legal Centre – RLC (National)

Nelson House, 153-157 Commercial Road, London, E1 2EB

Tel. 020 7780 3200, Fax: 020 7780 3201

Freephone from detention: 0800 592 398 Mon, Tues, Wed & Fri 9.30 am - 1pm

You can phone the operator on 100 and ask for a reverse charge call to RLC

Organisations that can help with making an application for bail

Bail Circle (National)

28 Commercial Street, London, E1 6LS

Tel/Fax: 020 7377 9356

Bail for Immigration Detainees – BID (National)

28 Commercial Street, London, E1 6LS

Telephone advice: Mon – Fri, 1.30-4.30 pm

Tel: 020 7247 3590

Fax: 020 7247 3550

Bail for Immigration Detainees (BID Oxford -Campsfield House)

PO Box 1319, East Oxford DO, OX2 0ZN

Tel: 0845 330 4536 (Mon, Wed, Fri. 11am – 4 pm)

Fax: 0845 330 4537

Bail for Immigration Detainees South (BID South - Haslar)

247 Fratton Road, Portsmouth, PO1 8RB

Tel: 02392 291 916 (Tues, Weds, Thurs, Fri 1 – 4pm)

Fax: 02392 291 913

Advice, Support and Visits

Asylum Welcome (Campsfield House)

276A Cowley Road, Oxford, OX4 1RU

Tel: 01865 722 082

Fax: 01865 792 532

AVID - Association of Visitors to Immigration Detainees

PO Box 7, Oxted RH8 0YT

Tel/Fax: 01883 717275

Detention Advice Service – DAS (National)

308 Seven Sisters Road, London, N4 2AG

Tel: 020 8802 3422

Fax: 020 8802 0684

Gatwick Detainees Welfare Group (Tinsley House)

225 Three Bridges Road, Crawley, West Sussex, RH10 1LG

Tel: 01293 434 350

Fax: 01293 434 351

Freephone from detention: 0800 389 4367

Greater Manchester Immigration Aid Unit (Manchester Airport)

400 Cheetham Hill Road, Manchester, M8 9LE

Tel: 0161 740 7722

Fax: 0161 740 5172

Kent Refugee Support Group (Canterbury Prison)

1 Cecil Street, Margate, Kent, CT9 1NX

Tel: 01843 225 549

Fax: 01843 280 225

London Detainee Support Group (Harmondsworth)

77 Holloway Road, London, N7 8JZ

Tel: 020 7700 0606

Fax: 020 7700 4433

Freephone for Harmondsworth detainees only: 0800 587 2096

Support and Visits

Cambridge Oakington Concern (CAMOAK)

8 Geldart Street, Cambridge, CB1 2LX

Tel: 01223 31465

Cardiff Prison Visiting Group (Cardiff Prison)

Cardiff Law Centre, 41/42 Clifton Street, Cardiff, CR24 1LS

Tel: 02920 498 117

Fax: 02920 497 118

Detainees Support & Help Unit (Tinsley House, Harmondsworth, Holloway, Campsfield)

54 Camberwell Road, London, SE5 OEN

Tel: 020 7703 5435

Fax: 020 7252 6185

Freephone for detainees only: 0800 389 4367

Doncaster Association of Visitors to Immigration Detainees - DAVID

(Lindholme Prison)

39 Cusworth Lane, Doncaster, DN5 8JJ

Dover Visiting Group

Dowle Street Farm, Pluckley, Ashford, TN27 ORY

Tel: 01233 840 161

Haslar Visitors Group

All Saints Centre, Commercial Road, Portsmouth, PO1 4BT

Tel/Fax: 02392 839 222

Latin Americans – Vamos Juntos Praxis (National, visits Latin American detainees)

C/o Praxis, Pott Street, London, E2 OEF

Tel: 020 7729 2985

Lincoln Prison Visiting Group (Lincoln Prison)

Corner House, 1 Meeting House Lane, Lincoln, LN5 OSH

Tel: 01522 546 019

Manchester Immigration Detainee Support Team (Manchester Airport)

2 Cranbome Close, Lostock, Bolton, BL6 4JG

Tel: 01204 468564

Scottish Detainees Visiting Scheme (Dungavel)

C/o Scottish Refugee Council, 5 Cadogan Square, 170 Blythswood Court, Glasgow, G2 7PH

Tel: 0141 248 9799

Freephone: 0800 085 6087

Terrence Higgins Trust Oxfordshire (Campsfield House – visits people who are HIV+)

43 Pembroke Street, Oxford, OX1 1BP

Tel: 01865 243 389

Walton Visitors Group (Liverpool Prison - Walton)

Woolman House, 11 Beech Street, Liverpool, L7 OEU

Tel: 01512 815894

Wandsworth Detainee Visitors Group (Wandsworth Prison)

3 Upper Tooting Park, London SWl7 7SN

Tel: 020 8672 2887

Winchester Visitors Group (Winchester Prison)

24 West End Terrace, Winchester, SO22 5EN

Tel: 07815 688 708, 01962 853 637

Visitors Groups (Durham Prison, Holme House Prison, Lincoln Prison)

57 Castleton Road, Hartlepool, TS25 1EA

Tel: 01429 296 994

Yarl’s Wood Befriending

26 St Peters Street, Bedford, MK40 2NN

Tel: 01234 330836

Zimbabweans

The Zimbabwe Association

151 Bancroft Road, London El 4ET

Tel: 020 7702 7650 or 020 8691 3197 Fax: 020 7702 7617

Please note that the information in this leaflet is not intended to be a full explanation of the law or of your rights: for detailed advice about your own circumstances, you should contact a specialist adviser or solicitor.

For further information, contact one of the ROAP partnership organisations:

For advice on the asylum application process contact:

Asylum Aid

28 Commercial Street

London E1 6LS

Tel. 020 7377 5123

Fax. 020 7247 7789

For advice on welfare benefits and asylum support contact:

Central London Advice Service (CLAS)

Derry House

Penfold Street

London NW8 8HJ

Tel. 020 7402 6750 ext. 23

Fax. 020 7224 8264

For advice on adult education, training and employment contact:

Refugee Education & Training Advisory Service (RETAS)

14 Dufferin Street

London EC1Y 8PD

Tel. 020 7426 5837/5817

Fax. 020 7251 1314