Asked by: Stephen Farry (Alliance - North Down)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether people on immigration detention bail can request restrictions on their right to work be lifted.
Answered by Robert Jenrick
The number and type of immigration bail conditions to impose will vary depending on the circumstances of the individual case. If the person being granted immigration bail does not have any leave to enter or remain in the UK, it will be appropriate to impose a bail condition restricting work in the majority of cases.
An asylum seeker, or failed asylum seeker with outstanding protection-based further submissions, whose claim has been outstanding for more than 12 months through no fault of their own, may be granted permission to work. Those who are allowed to work are restricted to jobs on the Shortage Occupation list. Further information is set out in the published HO guidance - Permission to work and volunteering for asylum seekers.
Asylum seekers and failed asylum seekers who would otherwise be destitute are eligible for support under section 95 or section 4 of the Immigration & Asylum 1999 Act. This would also include dependents of an asylum seeker or a failed asylum seeker on immigration bail.
Asked by: Stephen Farry (Alliance - North Down)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether restrictions on the right to work can be lifted while an individual is on immigration detention bail.
Answered by Robert Jenrick
The number and type of immigration bail conditions to impose will vary depending on the circumstances of the individual case. If the person being granted immigration bail does not have any leave to enter or remain in the UK, it will be appropriate to impose a bail condition restricting work in the majority of cases.
An asylum seeker, or failed asylum seeker with outstanding protection-based further submissions, whose claim has been outstanding for more than 12 months through no fault of their own, may be granted permission to work. Those who are allowed to work are restricted to jobs on the Shortage Occupation list. Further information is set out in the published HO guidance - Permission to work and volunteering for asylum seekers.
Asylum seekers and failed asylum seekers who would otherwise be destitute are eligible for support under section 95 or section 4 of the Immigration & Asylum 1999 Act. This would also include dependents of an asylum seeker or a failed asylum seeker on immigration bail.
Asked by: Lord Bishop of Durham (Bishops - Bishops)
Question to the Home Office:
To ask His Majesty's Government, further to the Illegal Migration Bill providing that individuals who are declared inadmissible are not able to secure bail until a 28-day period has elapsed, how they plan to operate Short Term Holding Units in the event that the Bill becomes an Act.
Answered by Lord Murray of Blidworth
The purpose of rule 35 of the Detention Centre Rules 2001 is to ensure that people in detention who are particularly vulnerable are brought to the attention of those with direct responsibility for authorising, maintaining and reviewing detention. Rule 35 is a reporting mechanism, and where a report is completed, it does not automatically mean that the person should be released.
The Bill creates new detention powers which will allow the Home Secretary to detain a person pending a decision as to whether the new duty to remove applies, and thereafter to detain pending their removal.
For the first 28 days of detention, those who are detained under the new detention powers within the Illegal Migration Bill will be prevented from challenging their detention during this period by way of judicial review. An individual will be able to apply to the Home Secretary for bail during this period, although that decision may not be challenged by way of judicial review during the first 28 days. An individual may make an application to the High Court for a writ of habeas corpus (or the equivalent in Scotland) to seek release at any time.
Where people are detained for the purpose of removal, they will usually be detained in Immigration Removal Centres. Short-term Holding Facilities are usually used to detain individuals on arrival to the UK, for the purpose of initial examination, which would include an assessment of whether the new duty to remove applies.
Asked by: Lord Bishop of Durham (Bishops - Bishops)
Question to the Home Office:
To ask His Majesty's Government, following a section 35 report being issued for a child and detention still being maintained for 28 days under the provisions of the Illegal Migration Bill, whether the child will be able to Judicial Review the decision.
Answered by Lord Murray of Blidworth
The purpose of rule 35 of the Detention Centre Rules 2001 is to ensure that people in detention who are particularly vulnerable are brought to the attention of those with direct responsibility for authorising, maintaining and reviewing detention. Rule 35 is a reporting mechanism, and where a report is completed, it does not automatically mean that the person should be released.
The Bill creates new detention powers which will allow the Home Secretary to detain a person pending a decision as to whether the new duty to remove applies, and thereafter to detain pending their removal.
For the first 28 days of detention, those who are detained under the new detention powers within the Illegal Migration Bill will be prevented from challenging their detention during this period by way of judicial review. An individual will be able to apply to the Home Secretary for bail during this period, although that decision may not be challenged by way of judicial review during the first 28 days. An individual may make an application to the High Court for a writ of habeas corpus (or the equivalent in Scotland) to seek release at any time.
Where people are detained for the purpose of removal, they will usually be detained in Immigration Removal Centres. Short-term Holding Facilities are usually used to detain individuals on arrival to the UK, for the purpose of initial examination, which would include an assessment of whether the new duty to remove applies.
Asked by: Lord Bishop of Durham (Bishops - Bishops)
Question to the Home Office:
To ask His Majesty's Government what plans they have to secure more appropriate bail accommodation for those released from immigration detention.
Answered by Lord Murray of Blidworth
The Home Office work with our providers on a daily basis to ensure that there is sufficient accommodation available to meet our needs.
Asylum seekers released from immigration detention on bail are housed in Home Office asylum accommodation. Our providers manage the security of accommodation sites and have security staff on site 24 hours a day.
When on bail in asylum accommodation, Foreign National Offenders (FNOs) will be subject to bail conditions such as regular reporting to the Home Office and GPS electronic monitoring.
Asked by: Grahame Morris (Labour - Easington)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many people who arrived in the UK on small boats over the English Channel in 2022 (a) are in Immigration Removal Centres, (b) are in hotel accommodation, (c) are in the community under bail conditions, (d) have been removed from the country and (e) have returned to their country of origin voluntarily.
Answered by Robert Jenrick
The Home Office publishes statistics on small boat arrivals to the UK in the ‘Irregular Migration to the UK statistics’ report. Data on small boat arrivals by year are published in table Irr_01 of the ‘Irregular migration to the UK data tables’ with the latest data up to the end of June 2022. Future irregular migration publication release dates can be found on the research and statistics calendar.
The statistics presented in the Irregular Migration release relate to the number of people recorded being detected on, or shortly after, arrival to the UK on various routes (flow). They do not provide an indication of the total number of people currently in the UK who have entered the UK via irregular routes.
The Home Office also publishes statistics on the following topics, in the ‘Immigration Statistics Quarterly Release’:
The number of people entering detention each quarter are in table Det_D01 of the ‘Detention detailed datasets’, where the data can be broken down by first place of detention. The number of people in detention at the end of each quarter are in table Det_D02 of the ‘Detention detailed datasets’, where the data can be broken down by current place of detention. The number of people leaving detention each quarter are in table Det_D03 of the ‘Detention detailed datasets’, where the data can be broken down by reason for leaving detention, including being bailed. The latest data relate to the end of June 2022. Data up to the end of September will be published on 24 November 2022
Please note, the data are for all people entering, in and leaving detention, not just people who arrived in the UK via small boats.
The latest data on returns from the UK, broken down by type of return including enforced returns and voluntary returns, are published in table Ret_D01 of the ‘Returns detailed datasets’, where the data can be broken down by return destination group (including Home country) and nationality (which may differ from country of origin). The latest data go up to the end of March 2022. Data up to the end of June 2022 will be published on 24 November 2022.
Please note the data are for all people returned from the UK, not just people who arrived in the UK via small boats.
Data on voluntary returns are subject to upward revision, so comparisons over time should be made with caution. In some cases, individuals who have been told to leave the UK will not notify the Home Office of their departure from the UK. In such cases, it can take some time for the Home Office to become aware of such a departure and update the system. As a result, data for more recent periods will initially undercount the total number of returns. ‘Other verified returns’ are particularly affected by this.
Data on asylum seekers in receipt of support can be found in table Asy_D09 of the ‘asylum and resettlement detailed datasets’. Information on how to use the datasets can be found in the ‘Notes’ page of the workbooks. Please note the data show a snapshot as at the last day of each quarter, rather than the number of asylum seekers in receipt of support over the entire quarter. The latest data relates to as at 31 March 2022. Data as at 30 June 2022 will be published on 24 November 2022.
Please note, ‘accommodation’ is not limited to hotel accommodation.
Please note, the data are for all asylum seekers in receipt of support, not just asylum seekers who arrived in the UK via small boats.
Information on how to use the datasets in the Immigration Statistics quarterly release can be found in the ‘Notes’ page of the dataset workbooks.
Information on future Home Office statistical release dates can be found in the ‘Research and statistics calendar’.
Asked by: Lord Bishop of Durham (Bishops - Bishops)
Question to the Home Office:
To ask His Majesty's Government whether they have adopted the recommendation in the report by Stephen Shaw Review into the Welfare in Detention of Vulnerable Persons (Cm 9186), published in January 2016, to reduce the use of detention for immigration purposes and to explore alternatives.
Answered by Lord Murray of Blidworth
The government remains committed to using detention only where necessary. Indeed, the vast majority of people liable to be removed from the UK are granted immigration bail.
Stephen Shaw’s reports (from 2016 and 2018) led to a comprehensive and systematic programme of work to improve and reform immigration detention, informing both our strategic and tactical approach to reform and the treatment of people who are detained. The broad programme of reforms has strengthened our decision-making and safeguards for the vulnerable, ensuring those who are detained are treated with dignity and respect in an estate that is fit for purpose.
As part of the Department’s immigration detention reform programme, we conducted two pilots exploring alternatives to detention. In line with international best practice, each pilot ran for two years before final evaluation.
The first of these pilots, Action Access, provided women who would otherwise be detained with a programme of support in the community. This pilot concluded on 31 March 2021 after operating for two years. The second pilot, the Refugee and Migrant Advisory Service, supported both men and women and concluded in June this year as planned.
We are working with the United Nations High Commissioner for Refugees (UNHCR) on these pilots and they have appointed the National Centre for Social Research (NatCen) to independently evaluate this work. The evaluation report of the Action Access pilot was published on the 24 January 2022 and the report for the Refugee and Migrant Advisory Service is due to be published early next year. We will use the evaluations of these pilots to inform our future approach to case-management focused alternatives to detention.
The immigration removal estate is kept under ongoing review to ensure sufficient resilience and capacity for the men and women it is necessary to detain for the purposes of removal.
In April 2022, faced with an unprecedented situation on the south coast, the Government announced a package of measures to tackle illegal migration, further strengthen safe and legal routes and break the business model of people smuggling gangs. As part of wider work to support this package, the Government announcement confirmed that the removals estate would be expanded. In operating these sites our focus will be on dignity, welfare and safety.
Asked by: David Davis (Conservative - Haltemprice and Howden)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent discussions his Department has had with the Albanian government on the direct and expedited return of Albanian illegal migrants to Albania.
Answered by Robert Jenrick
We continue to work extremely closely with our Albanian partners on a range of issues and are committed to building on our co-operation to date, including on tackling illegal migration. That includes the excellent operational collaboration with Albanian law enforcement, and our readmissions agreement signed last year. Since it was signed, we have seen over 1,000 Albanian foreign national offenders and immigration offenders removed from the UK, including some who crossed the channel illegally to come to the UK.
The UK and Albania pledged to fast track the removal of Albanians with no right to be in the UK wherever possible, and to send senior Albanian law enforcement to the UK to speed up processing and share information with our authorities. In co-operation with the Government of Albania, we are taking every opportunity to intercept the activities of organised criminal gangs and people smugglers, and speed up the removal of Albanians and other nationals with no right to be in the UK.
We do face complex challenges to our efforts to facilitate the entirely legitimate and legal return of people in the UK, such as travel documentation, late appeals and other legal challenges aimed at frustrating removals. Most individuals are managed outside of detention using a variety of contact methods, including frequent reporting, and tagging as a condition of immigration bail whilst these challenges are resolved, however detention can, and will also be used, where appropriate. We are looking to address some of these challenges through our Sovereign Borders plan, which aims to remove more easily those with no right to be in the UK.
Asked by: David Davis (Conservative - Haltemprice and Howden)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether her Department has had recent discussions with their Albanian counterparts on the return of Albanian illegal migrants to Albania.
Answered by Robert Jenrick
We continue to work extremely closely with our Albanian partners on a range of issues and are committed to building on our co-operation to date, including on tackling illegal migration. That includes the excellent operational collaboration with Albanian law enforcement, and our readmissions agreement signed last year. Since it was signed, we have seen over 1,000 Albanian foreign national offenders and immigration offenders removed from the UK, including some who crossed the channel illegally to come to the UK.
The UK and Albania pledged to fast track the removal of Albanians with no right to be in the UK wherever possible, and to send senior Albanian law enforcement to the UK to speed up processing and share information with our authorities. In co-operation with the Government of Albania, we are taking every opportunity to intercept the activities of organised criminal gangs and people smugglers, and speed up the removal of Albanians and other nationals with no right to be in the UK.
We do face complex challenges to our efforts to facilitate the entirely legitimate and legal return of people in the UK, such as travel documentation, late appeals and other legal challenges aimed at frustrating removals. Most individuals are managed outside of detention using a variety of contact methods, including frequent reporting, and tagging as a condition of immigration bail whilst these challenges are resolved, however detention can, and will also be used, where appropriate. We are looking to address some of these challenges through our Sovereign Borders plan, which aims to remove more easily those with no right to be in the UK.
Asked by: David Davis (Conservative - Haltemprice and Howden)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how her Department plans to return Albanian migrants who are in the UK illegally when the movements of those migrants are not limited or tracked while in the UK.
Answered by Robert Jenrick
We continue to work extremely closely with our Albanian partners on a range of issues and are committed to building on our co-operation to date, including on tackling illegal migration. That includes the excellent operational collaboration with Albanian law enforcement, and our readmissions agreement signed last year. Since it was signed, we have seen over 1,000 Albanian foreign national offenders and immigration offenders removed from the UK, including some who crossed the channel illegally to come to the UK.
The UK and Albania pledged to fast track the removal of Albanians with no right to be in the UK wherever possible, and to send senior Albanian law enforcement to the UK to speed up processing and share information with our authorities. In co-operation with the Government of Albania, we are taking every opportunity to intercept the activities of organised criminal gangs and people smugglers, and speed up the removal of Albanians and other nationals with no right to be in the UK.
We do face complex challenges to our efforts to facilitate the entirely legitimate and legal return of people in the UK, such as travel documentation, late appeals and other legal challenges aimed at frustrating removals. Most individuals are managed outside of detention using a variety of contact methods, including frequent reporting, and tagging as a condition of immigration bail whilst these challenges are resolved, however detention can, and will also be used, where appropriate. We are looking to address some of these challenges through our Sovereign Borders plan, which aims to remove more easily those with no right to be in the UK.