§ Lord Hylton
asked Her Majesty's Government:
In what way persons detained under the Immigration Acts, other than those awaiting deportation as a result of a court order or as overstayers with no further right of appeal, are informed of their right under Article 5(4) of the European Convention on Human Rights to test the legality of their detention before a court.
§ The Minister of State, Home Office (Baroness Blatch)
All those detained under the Immigration Act 1971, including overstayers and those electing to make a supervised departure or awaiting deportation, are92WA entitled to challenge the lawfulness of detention by applying for a writ of habeas corpus or judicial review. There is no obligation under Article 5(4) of the European Convention on Human Rights to inform detainees of this entitlement. This would be a matter for their legal representatives.
However, all detainees are informed of their rights of appeal to the independent Immigration Appellate Authorities and associated opportunities to apply for release on bail.