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  • Home Office releases 300 from detention centres amid Covid-19 pandemic

    Release follows legal action that argues Home Office is failing to protect immigration detainees.

    The Home Office has released almost 300 people from detention centres in the last few days because of the Covid-19 pandemic, the Guardian has learned.

    The speed and scale of the release is unprecedented in recent years. Detainees and charities estimate that more than a quarter of those currently locked up have been set free.

    The release comes in the wake of a legal action launched last week which argued that the Home Office had failed to protect immigration detainees from the coronavirus outbreak and failed to identify which detainees were at particular risk of serious harm or death if they do contract the virus due to their age or underlying health conditions.

    It called for the release of all those who are particularly vulnerable and for all detainees to be tested, along with the suspension of all new detentions. The action warns even a short delay could have “catastrophic consequences”.
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    It is believed that more than 900 people are currently in immigration detention.

    The Home Office provided a response to the legal action to the high court out of hours on Friday. After receiving the Home Office submissions, Mr Justice Swift made an order on Friday night that a half-day hearing should be held next Wednesday to determine whether or not to grant the emergency measures requested in the legal challenge by the charity Detention Action and a vulnerable detainee who suffers from hypertension, which experts say doubles the risk of death if Covid-19 is contracted.

    As part of the legal action, the public health expert Prof Richard Coker of the London School of Hygiene and Tropical Medicine has provided an expert report warning that prisons and detention centres provide ideal incubation conditions for the rapid spread of the coronavirus, and that about 60% of those in detention could be rapidly infected if the virus gets into detention centres.

    Coker’s report was commissioned by Duncan Lewis Solicitors, who have embarked on what is thought to be the first legal action against the government relating to the coronavirus outbreak.

    The UK government issued guidance stating that if there was a significant outbreak of Covid-19, “cohorting” should be used to put all those infected together behind locked doors in prisons, detention centres, young offender institutions and secure units.

    Many of those in detention have arrived from high-risk countries such as Iran, China and Italy. Some are forced to share rooms, and a “lock-in” regime prevents many from leaving their cells during the night.

    Emma Ginn, director of the detention charity Medical Justice, said that those still in detention were scared of contracting the virus.

    “We are getting harrowing calls from seriously ill clients describing their fear of the virus spreading in the centres and feeling powerless in response. The distress in their voices is palpable and there is little we can do to console them,” she said.

    Bella Sankey, director of Detention Action, said:”Our landmark legal challenge has already forced a response from the home secretary. We are delighted the high court has now ordered a hearing for next week and we’ll be pressing for a robust review of all detentions. In the midst of a global pandemic, administrative detention puts those interned in grave danger. And maintaining detention when the evidence from Prof Coker is that detention centres act as ‘epidemiological pumps’ puts us all at unnecessary risk.”

    A Home Office spokesperson said: “Immigration enforcement is responding to the unique circumstances of the coronavirus outbreak and following the latest guidance from Public Health England. This includes providing soap and cleaning materials to all detainees. Decisions to detain are made on a case-by-case basis and kept under constant review, but our priority is to maintain the lawful detention of the most high-harm individuals, including foreign national offenders’’

    https://www.theguardian.com/uk-news/2020/mar/21/home-office-releases-300-from-detention-centres-amid-covid-19-pandemic?

    #détention_administrative #rétention #UK #Angleterre #asile #migrations #réfugiés #coronavirus #centres_de_rétention_administrative

    • High court rejects call to free 736 detainees at risk from coronavirus

      Judges say Home Office has addressed dangers in immigration detention centres.

      The high court has rejected calls to free hundreds of immigration detainees who, lawyers and human rights activists say, are at risk from Covid-19 while behind bars.

      The ruling, following a hearing over Skype on Wednesday, was handed down in response to an urgent legal challenge from Detention Action.

      The legal action asked for the release of hundreds of detainees who are particularly vulnerable to serious illness or death if they contract the virus because of particular health conditions, and also for the release of those from about 50 countries to which the Home Office is currently unable to remove people because of the pandemic.

      The two judges – Dame Victoria Sharp, president of the Queen’s Bench division, and Mr Justice Swift – came down strongly on the side of the Home Office and highlighted the range of measures already being implemented by the home secretary, Priti Patel.

      These included the release of more than 300 detainees last week, ongoing assessments of the vulnerability of individual detainees to the virusand a range of “sensible” and “practical” steps the Home Office is taking to make detention centres safer, such as single occupancy rooms and the provision of face masks for detainees who wish to wear them.

      “It seems likely that the arrangements already in place by the secretary of state will be sufficient to address the risks arising in the majority of cases,” the judges said, adding that “the present circumstances are exceptional”.

      The court hearing on Wednesday heard that 736 people are still being detained in the UK, while 350 have been released in recent days. It was also confirmed that detainees in three detention centres have displayed symptoms of Covid-19.

      The Home Office previously confirmed to the Guardian one case of Covid-19 on Sunday at Yarl’s Wood immigration removal centre in Bedfordshire, which mainly houses women.
      Million undocumented migrants could go hungry, say charities
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      The court heard that in a second centre - Brook House, near Gatwick airport - one detainee who had displayed symptoms was reportedly serving food to other detainees just before he fell ill.

      Chris Buttler, representing Detention Action and also representing a detainee who lawyers say is at greater risk from Covid-19 because he suffers from high blood pressure, told the court that expert evidence suggests the virus “will run rampant” through detention facilities.

      He argued that the home secretary was acting unlawfully and falsely imprisoning many detainees because removals are no longer possible to 49 countries and it is difficult to remove people to many others.

      He said that the Home Office was a “glaring exception” to the government’s moves to suppress Covid-19 and that leaving people in detention would further burden the already overstretched NHS when they get sick.

      “The home secretary is arguably falsely imprisoning some clients who there is no realistic risk of removing,” Buttler told the court.

      Lisa Giovannetti QC, representing the Home Office, told the court: “Government accepts all reasonable steps should be taken to shield people in high-risk categories and we have been proceeding on that basis. I can’t claim the system is perfect but it’s a reasonable one.”

      She said reviews to identify the most vulnerable detainees were under way and this process is due to be completed imminently, adding that numbers in immigration detention have fallen substantially from 1,200 in January to 736 now.

      As part of Detention Action’s case, the public health expert Prof Richard Coker, of the London School of Hygiene and Tropical Medicine, provided an expert report warning that prisons and detention centres provide ideal incubation conditions for the rapid spread of the coronavirus, and that about 60% of those in detention could be rapidly infected if the virus gets into these locked facilities.
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      Toufique Hossain of Duncan Lewis Solicitors, who brought the case, said: “This litigation has brought about the release of hundreds of detainees, preventing many from suffering serious harm.

      “Hundreds more remain in detention in terrible conditions. Though we are disappointed with the ruling today, this action has clearly focused the minds at the Home Office on vulnerable individuals they usually wilfully neglect.”

      Bella Sankey, Director of Detention Action, said: “While the high court declined to grant our interim relief tonight, our litigation has already forced major and rapid concessions from the government: 350 people released from detention in the past week; an undertaking to proactively review the detention of all those held under immigration powers according to updated guidance and with a view to further significant releases; and a very strong presumption against any new detentions for people facing removal to around 50 countries.

      “The government has also been forced to issue new guidance on hygiene standards in detention and to accept that detention poses high risks to those with Covid-19-relevant underlying health conditions.

      “We will monitor the implementation of all these guarantees and continue to hold the government to account.”

      A Home Office spokesperson said: “We welcome the court’s decision. Immigration Enforcement is responding to the unique circumstances of the coronavirus outbreak and following the latest guidance from Public Health England. The safety of detainees and staff is of vital importance.

      “Decisions to detain are made on a case-by-case basis and kept under constant review, but our priority is to maintain the lawful detention of the most high-harm individuals, including foreign national offenders.’’

      https://www.theguardian.com/uk-news/2020/mar/26/high-court-rejects-call-to-free-736-detainees-at-risk-from-coronavirus?

    • Immigration detention

      The Home Office has already released around 350 people from immigration detention. But a senior official told the Home Affairs committee of MPs on 18 March:

      there is no plan to have a wholesale systematic release from our immigration removal centres.

      An urgent legal challenge by the charity Detention Action aimed at securing the release of all immigration detainees was rejected by the High Court on 25 March. The charity says that the Home Office has made various commitments to safeguard the wellbeing of detainees:

      Enhanced screening, identification and monitoring of those at risk or showing symptoms of Covid-19, particularly for this with underlying health conditions.
      Ensuring that persons at increased risk from Covid-19, and persons who are symptomatic, are provided with facilities to self-isolate in single-occupancy rooms and are provided with individualised care plans
      A review of cleaning practices within detention centres to ensure compliance with Public Health England guidance
      Provision of anti-bacterial cleaning materials to detainees, upon request
      The introduction of social spacing measures in communal areas
      The production of specific guidance to explain in clear terms how to reduce the risk of an outbreak of Covid-19

      Detention Action’s director, Bella Sankey, adds that the department has given “an undertaking to proactively review the detention of all those held under immigration powers according to updated guidance and with a view to further significant releases”. There is also a “very strong presumption against any new detentions for people facing removal to around 50 countries”, including Jamaica, India, Pakistan, Afghanistan, Iraq, Sudan, and Albania.

      The Home Office says that “the vast majority of detainees still in immigration removal centres are foreign national offenders”.

      With many countries closing their borders and flights unavailable, immigration judges may be receptive to the argument that removal is no longer imminent and grant bail accordingly.
      https://twitter.com/FranckMagennis/status/1239534663221284864?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E12

      https://twitter.com/BIDdetention/status/1246069190395486210?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E12

      As of 26 March, visits to immigration removal centres were no longer possible.
      Bail reporting suspended

      The Home Office website now says:

      Following Public Health England’s advice on coronavirus (COVID-19), the Home Office has decided that reporting as a condition of immigration bail should be temporarily deferred while it reviews how frequently people should report. You will receive an SMS text message soon with details of your next reporting date.

      This follows widespread reports of those on bail receiving texts about the suspension of reporting requirements. Those can now be taken as officially confirmed.
      Voluntary removals

      The Voluntary Returns Service Communications and Engagement Team circulated an update on its operations on 20 March:

      …we are currently experiencing difficulties that mean that we cannot currently support assisted returns for people who require a level of assistance upon return from the United Kingdom. We are experiencing infrastructure and other issues that make it difficult to impossible to offer that level of support at this time.

      We have therefore made a very difficult decision to cease offering assisted returns at this time.

      We will continue to register an interest from people who wish to return, and to offer other levels of support to help as many people as we possibly can. Where we can arrange flights, get travel documents etc we will continue to do this, and we are very happy to talk to people to see what help we can offer on an individual basis.

      The widespread cancellation of flights has obvious ramifications for enforced returns as well, but at time of writing we have no information about whether there will be any general suspension of removals.

      https://www.freemovement.org.uk/coronavirus