Throughout the last two months, we have seen that the coronavirus is very contagious; we have witnessed that it can spread very quickly, especially in crowded places. Immigration detention centres are some of the places where an outbreak of the coronavirus will put the lives of many immigration detainees at risk.
Furthermore, a recent article published in the Guardian highlights another issue with immigration detention centres; that there are immigrants who have been unlawfully detained. As a result of the coronavirus outbreak, the release of some detainees has been delayed. There are two reasons for this:
1) detainees who were particularly vulnerable to contracting coronavirus were placed in solitary confinement for a minimum of three months;
2) detainees cannot be removed to their home countries because of the pandemic. This means that the detention of such detainees may have become unlawful.
According to the leaked data from the Home Office released by the Guardian:
‘The Home Office is only supposed to detain people if there is a realistic prospect of removing them from the UK. Yet two people who have received letters telling them to stay in their cells for the next three months come from countries on a Home Office list of about 50 that officials cannot currently remove people to because of coronavirus.’
(‘Revealed: at-risk immigration detainees ‘to be put in solitary confinement’’ by Diane Taylor, published in the Guardian on 02 April 2020)
If an individual is still in detention that is unlawful, it may be possible to:
- Challenge the unlawful detention in Court;
- Challenge the detention procedure;
- Ask the Court for compensation; and
- Ask the Home Office or the detention centre for a formal apology.
Sterling Law is here to help those who have been victims of unlawful detain. In addition to the above, we can advise whether a human rights claim can be brought depending on how long the detention was and what treatment was received in detention.
If we are instructed on behalf of an individual to challenge their unlawful detention at Court, we will represent and guide them throughout the entire court process. Our immigration specialists have significant experience in dealing with the same or similar complex immigration cases.
If you or a member of your family are in a similar situation, or you know somebody who has been detained unlawfully, please contact us on firstname.lastname@example.org .