March 2015 - ICS Legal Blog

Contact Us: + 44 0207 237 3388

Latest UK & International Legal News

Parliamentary report says immigration detention used too frequently and calls for 28 day limit

The Report of the Inquiry into the Use of Immigration Detention in the United Kingdom A Joint Inquiry by the All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration EXECUTIVE SUMMARY Key Recommendations • There should be a time limit of 28 days on the length of time anyone can be held in immigration detention. • Detention is currently used disproportionately frequently, resulting in too many instances of detention. The presumption in theory and practice should be in favour of community-based resolutions and against detention. • Decisions to detain should be very rare and detention should be for the shortest possible time and only to effect removal. • The Government should learn from international best practice and introduce a much wider range ofalternatives to detention than are currently used in the UK. About the Inquiry The inquiry into the use of immigration detention in the United Kingdom received written submissions and heard oral evidence from over 200 individuals and organisations, including those with experience of being detained, the Immigration Minister, academics and charities. The panel looked at the way immigration detention is used in the United Kingdom, including the lack of a time limit on the length of time an individual...

Appeal on designated state status of Jamaica and risk to homosexuals

________________________ 4 March 2015 PRESS SUMMARY R (on the application of Jamar Brown (Jamaica)) (Respondent) v Secretary of State for the Home Department (Appellant) [2015] UKSC 8 On appeal from [2013] EWCA Civ 666 JUSTICES: Lady Hale (Deputy President), Lord Sumption, Lord Carnwath, Lord Hughes and Lord Toulson BACKGROUND TO THE APPEALS The Respondent is a citizen of Jamaica. He arrived in the UK on 7 May 2010 on a one-month visitor's visa. On 14 October 2010 he applied for asylum on the ground that he is homosexuals and feared persecution if he returned to Jamaica. On 20 October 2010, he was detained pending a decision on removal. This was done pursuant to a fast-tracking procedure as Jamaica was on the list of states designated under s 94(4) of the Nationality, Immigration and Asylum Act 2002 (the "Act"). Jamaica was added to the s 94(4) list by article 3 of the Asylum (Designated State) Order 2003 (SI 2003/970). This was done pursuant to the Secretary of State's power in s 94(5) of the Act as it was believed that the following conditions were met: "(a) there is in general in that State or part no serious risk of persecution of persons...