Daily Times

The UK Home Office (HO) has been under the fire after it emerged they tried to put pressure on the judges to prevent them from granting bails to the immigration detainees during the COVID-19.

An official letter from the senior HO officer to the President of First -Tier Immigration tribunal (FIT) said that the Home Office was “somewhat surprised” that judges had agreed to release so many people on immigration bail during the coronavirus crisis.

The letter also asked the judges to provide written explanations for a rise in the number of detainees released from immigration centres during the current pandemic. The HO Director of Appeals James Stevens wrote “whilst I realise this is not a requirement under the Procedure Rules, it would assist our department to fully understand the reasons why bail has been granted, not least to improve our own decision making in the future”.

The campaigners have accused the HO of interfering with the independence of the judiciary by writing such a letter. The UK Immigration Law Practitioners’ Association said that the letter was “not appropriate”. Bella Sankey, the director of Detention Action, which launched a legal challenge calling for the mass release of detainees during the pandemic told media “This letter is a constitutional disgrace, entirely in keeping with a government that thinks it is above the law and not answerable to our sovereign parliament.

The letter said the numbers of those in detention have reduced very significantly since the start of this emergency. On 1 January 2020 there were 1225 individuals detained and 368 at the latest count, a reduction of almost three-quarters.

Outlining the HO response since the emergency began, the letters goes on that they have reviewed the cases of all of those who were detained under immigration powers. This was to ensure that, in our view, detention remains appropriate in the current circumstances. In line with our existing policies, these reviews have considered the level of vulnerability of detainees, with particular reference to Covid-19, and the likelihood of achieving removal within a reasonable period.

In his response, the President of FIT Michael Clements rejected the Home Office request and said as independent judiciary we decide bail applications in accordance with the law, which includes the guidance which has been issued. There has been no change in either the law or the guidance. In his letter to the Director of Appeals, Judge Clements said It is a fundamental tenet of the bail guidance, which was circulated and approved by stakeholders including the Home Office, that it is for the immigration authorities to show it is more likely than not that there is no reasonable alternative to detention.

FIT President said in all cases involving people detained under immigration powers, the first reason for detention is to enable the immigration authorities to carry out their functions. The primary function of detention is accordingly to facilitate removal and, unless there are very powerful reasons to the contrary, bail should be granted if there is to be no removal of the bail applicant within the reasonably foreseeable future. Where removal directions are in place within 14 days bail cannot be granted without the consent of the Home Office, FIT Judge Michael Clements added.