Daniel Zeichner – 2016 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Daniel Zeichner on 2016-04-19.

To ask the Secretary of State for the Home Department, if she will make it her policy to (a) end the indefinite detention of asylum-seekers in the UK and (b) introduce a limit on such detention in line with other European countries.

James Brokenshire

We do not detain asylum seekers indefinitely using immigration powers. The decision on whether detention is necessary is made on a case by case basis taking account of all the circumstances of the individual case. Detention must comply with the European Convention on Human Rights. Coupled with this, domestic case law is clear that, where detention is for the purpose of removal, the detention power can only be exercised if there is a realistic prospect of removal within a reasonable timeframe, which is highly case-specific.

Some other European countries have in place a time limit on immigration detention because of the inquisitorial nature of their systems and because the actions of their Executives are not scrutinised by their courts in the same way in which courts in the UK scrutinise the Executive. The UK is not a signatory to the EU Returns Directive, which establishes time limits across Europe.