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Date: November 22, 2024 Fri
Time: 12:11 pm
Time: 12:11 pm
Results for illegal immigrants (u.k.)
1 results foundAuthor: Trude, Adeline Title: The Liberty Deficit: Long-term detention & bail decision-making A study of immigration bail hearings in the First Tier Tribunal Summary: Over 5 months in 2011-12 and with the assistance of pro bono counsel and trained observers from The Law School at City University , BID carried out observations and detailed analysis of 80 immigration bail hearings. In half of these cases the applicant's case was prepared by BID as their legal representative, and they had the benefit of pro bono counsel. The other cases were brought by detainees preparing their application and representing themselves. The research sought to examine whether the immigration bail system serves the needs of the long term detainees who form the majority of BID’s clients. We take ‘long-term’ in this report to mean continuous administrative detention of a period of 6 months or more, in line with the guidance to First Tier judges on bail (2012) which states: “The senior courts have been reluctant to specify a period of time after which the length of detention will be deemed excessive and as a result that bail should be granted. Each case turns on its own facts and must be decided in light of its particular circumstances. However, it is generally accepted that detention for three months would be considered a substantial period of time and six months a long period. Imperative considerations of public safety may be necessary to justify detention in excess of six months” (HMCTS, 2012: para 19) Our research suggests that the First Tier Tribunal Immigration & Asylum Chamber is not equipped to deal with matters of criminal risk and release, which have come increasingly to the fore since the foreign national prisoner scandal and the introduction of ‘automatic’ deportation. There is an overwhelming failure on the part of the UK Border Agency to substantiate assertions made before the Tribunal in relation to the risk of re-offending, serious harm, or absconding, matched by a failure of the Tribunal to seek this evidence from the Border Agency. The amount of time made available by the Tribunals Service for barristers to take instructions, for the hearings themselves, and for comprehensive interpretation has not responded to the increasing number of detainees with complex and lengthy immigration histories. We believe that the First Tier Tribunal IAC is not using its powers sufficiently to ensure that detention does not become unnecessarily prolonged; for example to adjourn with directions to parties to avoid the need for a further bail application. Details: London: Bail for Immigration Detainees, 2012. 108p. Source: Internet Resource: Accessed April 25, 2013 at: http://www.biduk.org/817/news/new-bid-research-report-on-bail-decision-making-and-longterm-detention-the-liberty-deficit-longterm-detention-and-bail-decisionmaking.html Year: 2012 Country: United Kingdom URL: http://www.biduk.org/817/news/new-bid-research-report-on-bail-decision-making-and-longterm-detention-the-liberty-deficit-longterm-detention-and-bail-decisionmaking.html Shelf Number: 128491 Keywords: BailIllegal Immigrants (U.K.)Immigrant DetentionImmigration |