How to Find Out if Someone is Detained by UK Immigration

How to Find Out if Someone is Detained by Immigration UK

To locate someone in UK immigration detention, you’ll have to check the removal centres across the country. Below is a list of UK detention or short-term holding facilities and their contact information:

You must have complete and adequate information when you contact these centres. You must book your visit at least one day ahead. You must also go with a means of identification and a utility bill that shows your UK address.

You can also call our immigration lawyers at 0333 305 9375 to help you track UK immigration detainees.

Searching Detainees at Removal Centres

• The Home Office mandates removal centres to display the signs that detainees are liable to be searched around the centre. The search details must also be published on the centre’s website. The details must include how children, people with disability and transgenders will be searched
• Two officials must conduct the search, and they must be of the same sex as the detainee. The individual being searched must not be made to go completely naked in the view of others. Reasonable force may be used during the search if needed
• The Detainee Custody Officer (DCO) can seize any nationality document found on the detainee with the consent of the local DET. The officials at the removal centres do not have the right to seize the detainee’s financial documents. The only exception is when the financial document does not bear the detainee’s name. This suggests that the detainee may be using someone else’s identity
• The DCOs can use a dog in their search; however, they must ensure the dog does not touch the detainee, especially if their religion or culture forbids it. For security reasons, detainees will also be searched with metal detectors. Mail will also be X-rayed to ensure no harmful article is in the detainee’s possession
• Lastly, the DCOs must have a valid reason for searching and should communicate such to the detainee

If you find yourself in a detention centre, it is necessary to follow all protocols and comply with every instruction you receive.

Documents Required for Detainee Visit

To verify or visit a detainee in any of the removal centres, you must show:

• A driving licence or passport
• A utility bill that bears your name and house address

What is Immigration Detention?

Immigration detention temporarily holds someone in custody until their immigration status is determined. This practice is one of the many ways to check unauthorised entries in a country. You can be detained at the entry port or taken within the country and sent to a removal centre. Immigration detention applies only to people subject to immigration rules in a particular country. Citizens of a country, in this case, the UK, cannot be detained.

Common Grounds for Detention

You can be detained if:

• You do not have permission to stay in the UK
• You are to be deported because you don’t meet your visa requirements
• You committed a criminal offence
• You are required to establish your identity or the basis of your immigration claim
• There is reason to believe that you will not comply with the conditions attached to a grant of immigration bail

There is no specific time frame for detention. However, the UK government mandates the immigration removal centre officers to ensure the duration is as short as possible. The government also mandates removal centres to assess individuals as quickly as possible and determine if they will be removed, deported, or released into the country. The age and health of the detainee affect how long they’ll be detained.

There have been calls from international communities, NGOs and human rights agencies to stop detention for immigrants who pose no threat to the public and embrace an alternative control measure. One alternative measure being suggested is the community-based case management programme where immigrants get legal aid, mental health assistance, and help with repatriation to their country of origin or incorporation into the UK. These bodies argue that this alternative is more humane, cheaper, and effective in controlling immigration.

Understanding Your Rights in Immigration Detention

Individuals in immigration detention have the right to know why they are being held. The officer who requests your detention must provide a written document outlining the reasons. Should you find yourself in this situation, here are your rights:

• You can access legal aid when detained under immigration powers. You can exercise this right by refusing to sign any document until your lawyer arrives
• You have the right to use or get any medication that you are already on. At your request, a new medication will be given to you if you don’t have yours. You can also access medical care
• You have the right to receive visitors
• You have the right to get religious and mental health support
• You can ask for bail if you have spent 8 or more days in the UK
• You have the right to watch your bail hearing via video technology
• You can get a financial condition supporter when applying for bail
• You have the right to complain if you are being treated poorly. Every removal centre has a complaint box from the Independent Monitoring Board. You can send in your complaints in the box
• If you feel you are being detained unfairly, you have the right to a judicial review from a high court

Applying for Immigration Bail

Immigration bail allows detained individuals to be released while their immigration status is resolved. There are two primary forms to apply. The first, Bail 401, is submitted to the Home Office. The second, form B1, is sent to the First-tier Tribunal nearest to the detention centre.

Accessing Support Services for Individuals in Immigration Detention

While in detention, you can get the following assistance and support:

• Communication with family and friends. Your mobile device may be taken away from you, but you’ll get a removal centre phone that you can use to contact your loved ones
• Access to healthcare is part of your right as a detainee. Do not hesitate to ask
• There are chaplains of every faith in detention centres. They can provide religious, mental and emotional support
• Your family and friends can see you in the removal centres. Visitations are essential for your mental health and a reminder that you are not alone. Support groups exist under the Association of Visitors to Immigration Detainees (AVID). You can contact the one near your removal centre through the welfare team

Understanding Removal Versus Deportation

Under the UK immigration law, removal means being asked to leave the UK because you don’t meet the requirements to stay. On the other hand, deportation means forceful removal. You are deported from the UK if you have committed a crime and are now seen as a threat to UK residents and citizens. So, you can be deported from the UK even if your right to stay has not expired.

Deportation or removal also affects your dependents. Sometimes, the UK shares immigration information with the US, Canada, Australia, and New Zealand. Getting visas to these countries may be challenging if you were removed or deported from the UK.

Risk Factors for Removal from the UK

You risk being removed from the UK if:

• You have no immigration status and have not applied for one
• Your visa or asylum application has been denied
• Your visa has expired

Before you can be removed, you’ll be served a Notice of Liability to Remove and given some days to prepare yourself. This notice cannot be served or enforced if you are yet to get a decision on a visa or asylum application. It cannot be implemented while waiting for a judicial visa or asylum denial review.

Risk Factors for Deportation from the UK

You are at risk of being deported if:

• You committed an offence and were sentenced to over 12 months in custody
• You have committed multiple offences, and the cumulative criminal sentence was more than 12 months
• You have been a persistent offender and are seen as a threat to UK residents

The deportation process starts when the Home Office issues you a Notice of Intention to Deport.

Challenging Removal or Deportation

You can challenge removal or deportation notices. Your challenge should be sent to the Home Office. If the Home Office refuses your challenge, you can appeal their decision at the First Tier Tribunal within 14 days of receiving the letter. If the tribunal rules in favour of the Home Office, then you can file for judicial review.

If you receive a removal or deportation letter, call us immediately at 0333 305 9375 or message us online. Our lawyers can assist you in appealing the notice.

Resources and Support Organisations for Immigration Detainees

Many NGOs offer free support services for individuals in detention. Some of them are:

• Hibiscus Initiatives
• Bail for Immigration Detainees
• SOAS Detainee Support
• Jesuit Refugee Service
• Detention Action
• Gatwick Detainees Welfare Group

These support organisations help with community outreaches and provide a support network for detainees. They also help you get a legal representative if you have no one to bail when you are detained. You’ll also need a financial condition supporter to assist you while getting bail. These organisations can send someone who can stand in for you, especially if you have nobody in the UK to stand as your financial condition supporter.

How Can IAS Help You?

Whether you have been living in the UK or trying to gain entry, being detained can be quite a harrowing experience. It can make you feel isolated and alone. However, with the help of our immigration lawyers, we can get you all the support you need.

Our attorneys are well-versed in UK immigration law. With their expertise, you can navigate the process of detention. After assessing your immigration case, we can help you apply for bail hearings or appeal a removal or deportation notice.

If you have a friend or family being detained or in detention, we can help you. The welfare team at the immigration removal centre can also help you contact any of our expert lawyers at Immigration Advice Service by calling 0333 305 9375 or sending a message online.