My TrackI want to leave the UK
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Immigration Detention
1.Overview
A FNP who the HOIE are intending to deport, who has completed their criminal sentence may be kept in immigration detention beyond the custodial part of their sentence. This might be for a number of reasons; for example, travel documents being sought, immigration applications, appeals or other Immigration hearings outstanding. If the HOIE intend to keep someone in immigration detention, they will serve a form known as an IS91. Although ideally an IS91 should be issued in good time prior to the end of a sentence, please be aware that it can sometimes be issued very late in the process and FNPs should be warned that this is a possibility.
2. Immigration detention the last resort
Current guidance states that immigration detention should be a last resort used only when someone is due to be removed from the UK imminently or when there are real concerns that they would not comply with immigration conditions if released (e.g. reporting regularly. At present it seems in practise that most FNPs with an ongoing immigration case are kept in immigration detention at the end of their sentence. Prisons are required to contact Criminal Casework 48 hours before the end of an FNP’s custodial sentence if there has been no final decision on the case with regard to deportation and if no IS91 form has been issued. In addition to form IS91 being received by the prison, any prisoner who is to be kept in immigration detention should be issued an IS91R by the HO IE Criminal Casework which sets out the reasons why they are being detained. If, for any reason, this is not received, the FNP should contact their HOIE CC case owner to request this. It is likely at present (January 2014) that an FNP who continues to be detained under immigration powers will remain in a prison. This depends though on the number of beds which the HOIE ‘hires’ from the Prison Service to house immigration detainees and can vary. In the instance of an FNP continuing to be held in a prison under immigration detention powers, they would be treated as a remand prisoner. If the prison does not have facilities for remand prisoners then an FNP may be asked to sign a form agreeing that they waive their right to be treated as a remand prisoner. This is a voluntary declaration and if the FNP is not happy to sign then arrangements must be made to transfer him or her to a more suitable place as soon as possible. An FNP may be transferred to an Immigration Removal Centre (IRC) if there are insufficient beds available within the prison estate for the use of the HOIE for immigration detainees.
3. Immigration bail
Any person who is kept in immigration detention should receive a monthly notice/form updating them on why they continue to be held. This is called an IS151F. In UK law there is no time limit on how long a person can be held in immigration detention. However, an immigration detainee can challenge their detention at any time by applying for immigration bail at an Immigration Tribunal. If a detainee has an immigration solicitor acting on their behalf then the solicitor may be able to assist them with the bail application. If they do not have a solicitor working on their case they can get more information on how to apply for immigration bail from Bail for Immigration Detainees (BID), tel: 020 7247 3590 or BID, 28 Commercial Street, London E1 6LS. Detainees held in Immigration Removal Centres may be able to access information from the BID website at www.biduk.org.