§ Lord Aveburyasked Her Majesty's Government:
Whether they will extend the remit of the Immigration Service Complaints Unit to cover detention decisions themselves; and whether they will appoint an independent authority to consider those complaints. [HL4612]
§ Lord Bassam of BrightonThe Immigration Service Complaints Unit deals with all complaints relating to the conduct and efficiency of Immigration Service staff. Its remit specifically excludes operational decisions such as decisions to detain. The performance of the Immigration Service Complaints Unit is scrutinised by the independent Immigration and Nationality Directorate Complaints Audit Committee (CAC).
Those wishing to challenge the legality of a detention decision can apply for habeas corpus (judicial review in Scotland). Most detainees can also apply for bail to an independent adjudicator or a chief immigration officer. There are other avenues of redress, for example a detainee or his representative can write to the officer dealing with the case or to a senior manager, or he can raise his complaint with a Member of Parliament.
The appointment of an independent complaints authority would cut across and duplicate existing avenues of redress.