The UK is one of many countries that has implemented lockdown measures to deal with the coronavirus outbreak. These measures include strict travel restrictions, and in over 50 countries around the world, they go as far as a complete aerial lockdown.
Immigration detention is only lawful if there is a prospect of imminent removal. With borders closing worldwide and flights suspended, that prospect is non-existent. That is why Detention Action, an NGO which fights for immigration detainees’ rights in the UK, issued judicial review proceedings on 18 March 2020. The proceedings challenged the lawfulness of continued detention, in particular of persons with medical conditions placing them at increased risk from COVID-19.
In response, the Home Office has committed to reviewing all detainees’ case files to release as many people as possible, as quickly as possible, unless they pose a grave danger to the public. When the government began their case-by-case review, one case of COVID-19 had already been confirmed in Yarl’s Wood IRC, two cases had been reported in Brook House, and symptoms were recorded in most other removal centres.
Under the current circumstances, detention centres are at risk of becoming hotbeds of coronavirus spreading, as both detainees and staff are constantly in close contact with each other and amongst themselves. In efforts to prevent the virus from spreading within the centres, some facilities have isolated detainees and barred them from leaving their rooms, effectively turning their bedroom into a prison cell.
Nevertheless, Detention Action lost their case in the High Court, and the Home Office still refuses to systematically release all individuals currently held in detention, putting all individuals involved in this system at continued risk of ill health.
Government action, however, shows awareness that keeping detainees locked up could come back to bite them. Since Detention Action launched their claim, the Home Office released over 350 people held under immigration powers. The courts are also playing their part, as a solicitor from Bail for Immigration Detainees (BiD), a London-based charity, reported that ever since the travel restrictions and lockdown were enforced, 13 of his clients were granted bail and no applications were refused.
This is good news, but it is not enough. People currently held under immigration powers still need to go through the process of applying for bail if they are to be released, a process which has been made significantly more complicated by the pandemic itself.
On 20 March 2020, visits to immigration detention centres were indefinitely suspended as part of measures to contain the virus. This does not only have devastating implications for detainees on a personal level, as they can no longer see their loved ones. It also means that lawyers can no longer visit their clients in immigration removal centres.
Meanwhile, the Tribunal has started holding hearings remotely, but it seems that the courts do not lean itself to the online sphere easily, and their infrastructure is not ready to make the transition. This failure of court proceedings weakens detainees’ access to justice even further, as bail hearings are frustrated by the practicalities of online hearings.
This situation is not sustainable. After calls from Strasbourg and the Council of Europe to release immigration detainees in the face of this crisis, it is time to release everyone currently held under immigration powers, close detention centres and ensure that every individual receives the necessary care and support they need and deserve during these unprecedented times.