§ Mr. Alexander W. Lyonasked the Secretary of State for the Home Department under what statutory authority the police or immigration officers have power to arrest people whom they suspect entered the country illegally but have been here for several years.
§ Mr. Merlyn ReesSection 24(2) of the Immigration Act 1971 provides that a constable or an immigration officer may arrest anyone who has or whom he, with reasonable cause, suspects to have entered without leave in contravention of Section 24(1)(a) of the Act.
§ Mr. Alexander W. Lyonasked the Secretary of State for the Home Department at what level of official within his Department authority is given to detain a suspected illegal entrant.
§ Mr. Merlyn ReesAuthority to give directions for the detention of a person as an illegal entrant is vested by law in immigration officers—paragraph 16(2) of Schedule 2 to the Immigration Act 1971. This power is normally exercised only 159W with the prior agreement of a chief immigration officer; in the few cases where circumstances make this impracticable, confirmation of directions given must be obtained from a chief immigration officer as soon as possible thereafter. Where there is doubt about a person's status or there are strong compassionate considerations, authority for detention must be obtained from Immigration Service Headquarters.
§ Mr. Alexander W. Lyonasked the Secretary of State for the Home Department if any independent review of the evidence against an alleged illegal entrant is available.
§ Mr. Merlyn ReesSection 16 of the Immigration Act 1971 provides that where directions are given under the Act for a person's removal on the ground that he is an illegal entrant, he may appeal to an adjudicator against those directions on the ground that in the facts of his case there was in law no power to give them on the ground on which they were given. Such an appeal may not be made while the person is in the United Kingdom.