Asylum: Detainees

(asked on 11th May 2022) - View Source

Question to the Home Office:

To ask Her Majesty's Government what steps they are taking to ensure that individual asylum seekers are not detained if there is no evidence that the individual presents a reasonable suspicion of danger to national security.


Answered by
Baroness Williams of Trafford Portrait
Baroness Williams of Trafford
Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
This question was answered on 25th May 2022

The Home Office does not detain anyone in temporary asylum accommodation. Our accommodation providers do not have enforcement powers and those we are accommodating are free to come and go as they please. However,detention is an essential part of effective immigration control and is used to ensure that those with no right to remain in the UK are returned to their home country if they will not leave voluntarily. Migrants, including asylum claimants, may be detained for immigration purposes only in accordance with Home Office policy, as set out in the Detention General Guidance and the Adults at Risk in Immigration Detention policy.

The published detention policy makes it clear that detention must only be used when necessary, and for the shortest possible period. There is a presumption in favour of liberty for any person. We only detain people where removal is a realistic prospect within a reasonable timeframe, or initially to establish their identity or basis of claim. This is set out in both legislation and domestic caselaw and we are held to account on this by the courts, and by a series of safeguards that ensure proper scrutiny of decisions to detain, and on-going detention. Due to the complex range of factors involved, the suitability of detention must be appraised on a case by case basis. Once a person is in detention, regular reviews are undertaken to ensure that their detention remains lawful, appropriate, and proportionate. All asylum claims are considered as quickly as possible and enforcement action is taken once any claims have been considered and refused, and once any appeal rights have been exhausted.

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