Immigration authorities have wide powers to detain immigration offenders, suspected immigration offenders, or persons whose leave to enter is suspended until completion of examination or pending removal directions. Persons against whom a decision to make a deportation order has been made or a deportation order is in force, may be detained pending the making of a deportation order, or pending their removal from the UK.
The alternatives to detention are temporary admission or bail. In practice, there is little difference between the two, except that the latter usually requires financial undertaking as a guarantee against absconding. Immigration officers have the power to grant either temporary admission or bail. Immigration judges and High Court judges have the power to grant bail.
It is important to note that immigration authorities often overlook the corner stone principle contained in the UKBA Operation Enforcement Manual to the effect that detention should only to be used as a last resort and only where it is necessary to effect removal, establish identity or prevent absconding, or where release from detention is not considered conducive to the public good.
In addition, there are groups considered not suitable for detention, who should be detained only in very exceptional circumstances:
- the elderly, especially where supervision is required;
- pregnant women;
- those suffering from serious medical conditions;
- those who are mentally ill;
- those who had been suffered torture;
- people with serious disabilities.
Rules governing detention are complex and have been significantly elaborated by case law.
Kadmos Consultants believe that detention should be truly the last resort. We have experience, will and drive to secure release from detention in most cases. We promise a fair and impartial assessment of your circumstances and will give maximum boost to every chance you have.