Judges condemn government’s treatment of immigration detainees

Judges have condemned the government’s treatment of immigration detainees in a report that is highly critical of inflexible Home Office rules and target-obsessed officials.

The report’s research participants universally derided the quality of Home Office bail reports, while judges rebuked Home Office officials for giving misleading information to tribunals when challenging bail applications – one judge anonymously told the Bar Council that “far too many people are being banged up.”

The report, ‘Injustices in Immigration Detention’ by Dr Anna Lindley, sees judges joining the chorus of criticism from solicitors and barristers concerned at how the government treats immigration detainees. One barrister said that while some Home Office officials behave professionally, “others are incompetent, and some seem to be on some sort of mission to imprison people.”

Andrew Langdon QC, the chair of the Bar, said in response to the report: “This is a very detailed and well-researched report drawing on interviews with judges, barristers, solicitors and a range of specialists. It shows that there is a growing sense of frustration with how the Home Office manages immigration detention. The Home Office is one of the great offices of state, but the quality of its decision-making is unacceptably poor. Dr Lindley’s research paints a picture of officials acting with little accountability, unable or unwilling to pursue obvious and viable alternatives to detention. It is right that government should set immigration and removal targets according to the mandate for which it was elected, but given that the liberty of the individual is at stake, proper scrutiny is essential[…]The quality of decision-making by immigration officers is exacerbated by the difficulties faced by detainees in obtaining legal advice and representation. Dr Lindley found that in some areas, over 30% of detainees making a bail application before a tribunal judge do so without a lawyer to represent them.

“The complexity of immigration law is also at fault. It is a constantly shifting and highly politicised area of law, such that there is a dearth of settled case law to guide the judges. The law allows a wide degree of discretion, resulting inevitably in considerable inconsistency[…]Many people are surprised to learn that individuals can be locked up indefinitely in prison conditions, not for committing a criminal offence but for administrative convenience whist their immigration status is decided or arrangements are made for their removal.”