§ Lord Hylton asked Her Majesty's Government:
§ Whether they will reduce the number of asylum seekers whom they detain, in preference to relocating them to a prison-barge in Portland Harbour.
98WA§ Baroness BlatchDetention under the powers contained in the Immigration Act 1971 is used only as a last resort. Temporary admission is granted wherever possible. Fewer than 1 per cent. of asylum seekers are detained and the decision is reviewed regularly. If there is any indication that asylum is likely to be granted, then the person is released immediately. Detention is unavoidable in a small number of cases if we are to retain an effective immigration control. There are no present plans to hold immigration detainees in a prison ship.
Lord Lester of Herne Hill asked Her Majesty's Government:
Further to the Written Answer given by Baroness Blatch on 20th January 1997 (Hansard WA 45), what are the safeguards ensuring that asylum seekers are not unnecessarily detained pending the determination of their applications.
§ Baroness BlatchDetention under powers contained in the Immigration Act 1971 is used only as a last resort. Temporary admission is granted wherever possible and detention is authorised only where there are good grounds for believing that the person will not comply with the terms of temporary admission.
The initial decision to detain is taken by a chief immigration officer and is reviewed within 24 hours by an Immigration Service inspector. Thereafter, all detention is reviewed locally at least every seven days. After one month the case is reviewed at Immigration Service headquarters monthly and at increasingly senior levels. This process involves close consultation with the asylum directorate where an asylum application has been made.
All immigration detainees, with certain limited exceptions, may apply to the independent immigration appellate authorities for bail. Detention may also be challenged in the courts.