fast track to despair

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FAST TRACK TO DESPAIRThe unnecessary detention o asylum-seekers


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Detention Action, May 2011

Unit 3R, Leroy House

436 Essex Rd

London N1 3QP

Tel: 020 7226 3114

Fax: 020 7226 3016

[email protected]

www.detentionaction.org.uk

Charity registration no. 1065066

Written and researched by

Tamsin Alger and Jerome Phelps.

Research interviews conducted by

Rahwa Fessahaye, Lewis Garland,

Fausto Montagna, Falak Rahman

and Ekaterina Tomashchuk.

(Above) Ravinder Bhanayananth: Filed

(Front cover illustration) Shawlaw Baker: Help Me, Lord

Photographs by Celeste Hibbert / www.celestehibbert.com

Art photography by Anna Weedon and Shashika Heiyantuduwa

Design by Louis Mackay / www.louismackaydesign.co.uk

Printed by Printfow, London / www.printfow.com

All photographs and illustrations are copyright o their creators


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Fast Track to DespairThe unnecessary detention o asylum-seekers


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Contents

Executive summary 3

Introduction 5

Methodology 7

Background 10

An overview o the Detained Fast Track 10

History o the Detained Fast Track 12

Introduction and development o the Detained Fast Track 12

Legal challenges 13

Revisiting the Detained Fast Track today 15

Detention setting, excluded asylum-seekers 15

Claiming asylum in prison conditions 16

Conusion and disorientation 18

Irrational delays and speed 21

Unexplained waits in detention 21

An expensive waiting room 24

Detained Fast Track turning into long-term detention 24

Asylum process at breakneck speed 25

A straightorward case? 30

The screening process 30

Vulnerable individuals and complex cases 31

An unnecessary use o detention 33

Asylum processes in the community 33

A distortion o detention policy 35

Conclusion 37

Recommendations 39

Notes 41

Acknowledgments 47


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Executive summary

D

eenion Acion (ormerly London Deainee Suppor Group) advocaes or policychange on immigraion deenion in he UK and provides suppor and advice o

people deained under immigraion powers in he London area. Trough our dailyconac wih asylum-seekers and oher migrans in deenion, we ensure ha heir voices areheard and heir experiences conribue o debae on immigraion deenion.

Tis repor provides boh an overview and a criical analysis o he Deained Fas rackin Harmondsworh Immigraion Removal Cenre (IRC) near Heahrow Airpor in London.Te Deained Fas rack is an acceleraed process or considering asylum claims,in which asylum-seekers whose claims are considered o be sraighorward aredeained hroughou he process. Harmondsworh is he designaed deenioncenre or male asylum-seekers whose claims are o be considered on he DeainedFas rack.

Our research suggess ha he Deained Fas rack sysem is srucured ohe maximum disadvanage o asylum-seekers a every sage. Condiions andimescales operae o make i impossible or many asylum-seekers o undersandor acively engage wih he asylum process. Ye his sysem is enirely unnecessary,as he circumsances i was designed o address no longer exis.

Many asylum-seekers on he Deained Fas rack are conused and disressed.Held in condiions equivalen o a high securiy prison, hey sruggle o undersanda complex procedure in an unamiliar and hosile environmen in which clear inormaionis no always easily available. Such circumsances pose considerable obsacles o asylum-seekers abiliy o engage eecively wih he asylum process.

ime is always agains he asylum-seeker on he Deained Fas rack. Te igh imescalesare inended o minimise he unnecessary deenion o asylum-seekers, ye Deenion Acions

3

The

circumstances

it wasdesigned to

address no

longer exist


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F A S T T R A C K T O D E S P A I R4

research ound ha hey were deained or an average o wo weeks beore he process evensared. Nearly one in ve waied or over a monh. Mos have no access o legal advice duringhis period. Ye when he process nally begins, is speed poses huge challenges or asylum-seekers. Mos mee heir solicior or a ew minues jus beore heir inerview, oen wihouadvance noice. 99% are reused asylum. Tey have wo days o submi an appeal, or which

60% are unrepresened. Finally, aer an asylum process a breakneck speed, hey spend anaverage o 58 days in deenion awaiing removal.

Te undamenal unairness o his process could be miigaed i adequae saeguards werein place o ensure ha only he mos sraighorward cases were processed on he Deained Fasrack. Ye here is no means o reliably ideniying sraighorward cases. Eecive screeningis a srucural impossibiliy, as he decision o deain an asylum-seeker on he Deained Fas

rack is aken when he UK Border Agency (UKBA) has litle or no inormaionabou he asylum claim.

Te Deained Fas rack is no longer necessary, even when judged againshe jusicaions given or is inroducion. I was developed as a response o

unprecedenedly large numbers o asylum claims and an increasing backlog o casesawaiing decisions. Te European Cour o Human Righs ruled ha seven daysdeenion in a low securiy regime was accepable in hese specic circumsances

under an earlier version o he Fas rack in Oakingon IRC.1 However, no only are asylum-seekers on he Deained Fas rack now held or ar longer and in ar more oppressivecondiions han was iniially he case, bu he numbers o new asylum claims are dramaicallyreduced.

Te New Asylum Model (NAM) now processes 53% o claims wihin six monhs, wihsome asylum-seekers in he communiy having heir iniial inerview aser han he peoplewe inerviewed on he Deained Fas rack. Te UKBA has successully resolved he grea

majoriy o ousanding legacy cases. Moreover, he UKBA is increasingly exploringprojecs ha enable asylum-seekers in he communiy o acively engage wih he sysem,hrough he provision o early legal advice and welare suppor. Iniial ndings sugges haimproved decision-making and increased volunary reurn mean ha hese sysems are o hebene boh o asylum-seekers and he UKBA. Teir principle is he opposie o he DeainedFas rack, which assumes ha asylum claims can only be ecienly processed in deenion.

Te Deained Fas rack is an unair, crude and oudaed ool o an asylum sysem ha,over en years ago, was a breaking poin. I can no longer be jusied. On he 60h anniversaryo he Reugee Convenion, i is ime or i o be abolished.

An unair,

crude and

outdated tool


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5

Introduction

D

eenion Acion has been supporing people held in immigraion deenion in heLondon area since 1993. Wih voluneers and sa visiing and speaking o deainees

in Harmondsworh on a daily basis, we have suppored hundreds o asylum-seekersgoing hrough he Deained Fas rack since 2003. Counless voluneer visiors have reporedhe sress and disorienaion experienced by asylum-seekers on he Deained Fas rack.

Every day, we alk wih people whose cases are being as-racked, and hey ell us abouheir hopes, ears, conusion and despair. We see rs-hand he damage ha deenion can doo human lives. When he new high securiy wings opened in Harmondsworh, we becameincreasingly concerned abou he physical environmen in which asylum-seekerson he Deained Fas rack were being held. We also noiced ha many asylum-seekers were waiing weeks o see a legal represenaive and or heir case o geproperly underway.

We decided ha i was ime o research how he Deained Fas rackoperaes now, in he ligh o he criicisms ha have been made by NGOs andmonioring bodies hroughou is exisence. In paricular, we waned o recordhe perspecives o he people going hrough he process.

In summer 2010, we began inormally monioring how long asylum-seekerswere waiing o see a legal represenaive and o have heir subsanive inerview. Ibecame clear ha long delays were a sysemic problem raher han he excepion.In January 2011, we began gahering daa on delays a he sar o he process andasking asylum-seekers direcly abou heir experiences o he Deained Fas rack.

We also reviewed he hisorical developmen and conex o he Deained Fas rack. We

ound ha governmen jusicaions or deaining asylum-seekers have changed over ime.

We wanted

to record the

perspectives

o the people

going through

the process


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6 F A S T T R A C K T O D E S P A I R

Tis repor atemps o summarise and address hese jusicaions. I also brings ogeher hecriicisms o he Deained Fas rack made by UNHCR and various NGOs over he years,

each o which have ocused on dieren aspecs o he sysem.Tis repor oers a criical overview o he Deained Fas rack, an

insigh ino he experiences o hose who go hrough i, and argumens

or is aboliion. One repor, however, will no end he Deained Fasrack. We hope ha i will promoe discussion amongs NGOs,legal proessionals and ohers on how o persuade Governmen oconsider asylum claims ouside deenion. We also hope o conribueo dialogue beween NGOs and policy-makers. Wih an open mindand joined-up hinking, we believe ha i is possible o envisage anasylum sysem in which he Deained Fas rack has no place. We hope ha

his will be he legacy o he asylum-seekers whose voices are heard hrough his repor, as well ashe housands o asylum-seekers passing hrough he Deained Fas rack whose experienceswill never be known.

It is possible to

envisage an asylumsystem in which the

Detained Fast Track

has no place.

Nikoloz Sakhanberidze: Bars


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7

Methodology

I

n January 2011, Deenion Acion began ormally monioring he experiences o asylum-seekers on he Deained Fas rack, having gahered anecdoal evidence over he previous

six monhs which suggesed ha delays and conusion were a major problem. Tis repor ishe oucome o ha primary research, as well as a review o previous research by oher NGOsand monioring bodies including Human Righs Wach, Bail or Immigraion Deainees(BID), he UNHCR and Immigraion Law Praciioners Associaion (ILPA). DeenionAcion has also spoken wih legal represenaives and oher proessionals in he asylum secoro urher develop our analysis o he Deained Fas rack.

Inerviews wih asylum-seekers were carried ou by a eam o ve Deenion Acion voluneers, wih suppor rom sa and a Pashu inerpreer. Voluneers assised wihranscribing qualiaive inerviews.

Quantitative dataTe quaniaive daa is designed o build up a picure o how long asylum-seekers on heDeained Fas rack spend in deenion unil he iniial decision on heir claim. BeweenJanuary and March 2011, Deenion Acion atemped o conac every asylum-seeker on heDeained Fas rack who accessed our services during his period. Ineviably, he sample islimied o hose individuals who were already known o Deenion Acion, having conacedus or emoional or pracical suppor hrough our reephone service or on-sie advicesurgeries. Tis could lead o some bias in our sample, as asylum-seekers who say longer inHarmondsworh are more likely o make conac wih us. However, any bias is likely o be

small, as many asylum-seekers made conac wih us early in he process. Moreover, here isno necessary connecion beween a long say in deenion and delays in saring he Deained


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Fas rack process, as he longes periods o deenion end o be caused by delays aer reusalpending removal.

Mos inerviewees were held in Harmondsworh, bu some had been moved o oherdeenion cenres aer heir case had been decided. Quaniaive daa was gahered over heelephone, mainly in English bu also in Hindi, Urdu, Bengali, and Pashu.

We explained ha we were researching peoples experience o he Deained Fas rackand asked i hey would be prepared o give us basic inormaion abou key daes during heprogress o heir asylum claim. We asked:

l When did you claim asylum?

l When were you deained?

l When were you old ha you were on he Deained Fas rack?

l When did you rs speak o your solicior?

l When did you rs mee your solicior?

l When was your subsanive inerview?

l When did you ge a decision rom he Home Oce?

Te primary daa analysed hroughou his research is hereore sel-repored.In oal, we gahered quaniaive daa rom 45 asylum-seekers. I was no possible o

gaher daa rom every asylum-seeker we knew on he Deained Fas rack as some did nohave elephones and could no be conaced, while ohers were removed rom he counrybeore we could discuss he research wih hem. Where no all inerviewees responded o aquesion, we have noed how many responded. Where inerviewees also old us anecdoally

abou heir experience, his was noed and has been used o inorm he research.

Ahmed Ali:

Give me a Break

Answer Your Phone


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9M E T H O D O L O G Y

Date detained on the Detained Fast Track Number of interviewees

June 2010 2

July 2010 1

August 2010 0

September 2010 1

October 2010 5

November 2010 6

December 2010 6

January 2011 13

February 2011 9

March 2011 2

Total 45

Some had already been hrough he ull Deained Fas rack process, while ohers werea he sar or midway hrough. Where his was he case, we sayed in regular conac as heircase was processed.

Qualitative interviews

We gahered esimony rom individuals o provide urher inormaion abou how heDeained Fas rack is currenly operaing, how ar asylum-seekers are able o engage wihhe process and is impac on heir lives. Tis ensures ha he research is rmly based on

he experiences o hose going hrough he Deained Fas rack and ha asylum-seekershemselves have he opporuniy o have heir voices heard in policy discussions. Semi-srucured qualiaive inerviews were conduced over he elephone wih 18 asylum-seekerswho had expressed an ineres in giving a uller picure o heir experiences on he DeainedFas rack. In order o obain inormed consen, a leas wo conversaions were held wihpoenial inerviewees prior o he inerviews aking place. Poenial inerviewees were oldo he aims o he research and how i would be used. In some cases, inerviews were nocompleed where he asylum-seeker was paricularly vulnerable or needed o ocus on heircase. Aer he inerview, hey were asked i hey wished o be anonymised and any sensiiveinormaion was highlighed o ensure hey were comorable wih i being included. Some

names have been changed. Te inerviews were eiher recorded and hen ranscribed verbaimor deailed noes were aken while he inerview was in progress, according o he preerenceo he inerviewee.


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R U N N I N G H E A D

Background

An overview of the Detained Fast Track

The process

The Deained Fas rack operaes in Harmondsworh IRC or men and Yarls Wood IRCor women. Any adul asylum-seeker can be deained under he Deained Fas rackwhen i appears ha heir case can be decided quickly, regardless o heir counry o

origin. Tis decision is made by he UKBA ollowing an iniial screening inerview which onlycovers basic acual quesions bu no, crucially, he deails o he asylum claim. Te UKBAprovides guidance o is sa on cases which may or may no be suiable or he Deained Fasrack in is Asylum Inake Uni Insrucion.2 Te Insrucion saes ha any asylum claim,whaever he naionaliy or counry o origin o he claiman, may be considered suiable or

DF/DNSA [Deained Non-Suspensive Appeals] processes where i appears, aer screening(and absen o suiabiliy exclusion acors), o be one where a quick decision may be made.3Te Deained Fas rack process diers rom he mainsream asylum sysem in ha

he enire process akes place in deenion and he imescales are much quicker. A UKBAcase owner is assigned o ake responsibiliy or an individual case hroughou he process.Following a subsanive inerview in which asylum-seekers are asked deailed quesions abouheir reasons or claiming asylum and any evidence hey may have, he UKBA case ownerdecides wheher o gran or o reuse inernaional proecion. I he claim is reused, asylum-seekers have he opporuniy o appeal o he Firs-ier ribunal and he Upper ribunal ohe Immigraion and Asylum Chamber. Te cours are locaed nex o he deenion cenre.

10


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11A N O V E R V I E W O F T H E D E T A I N E D F A S T T R A C K

Legal representation

Asylum-seekers on he Deained Fas rack have he righ o be allocaed a legal represenaiverom a duy roa o independen soliciors rms who have an exclusive legal aid conrac orhe Deained Fas rack.4 Some asylum-seekers choose o be represened privaely. Asylum-

seekers should have he opporuniy o mee wih heir legal represenaive beore heirsubsanive inerview, a which he represenaive should also be presen. Troughou heappeal process, he represenaive mus apply he meris es o deermine i hey can coninueo represen heir clien.5 Asylum-seekers are oen unrepresened ollowing an iniial reusalrom he UKBA.

Timescales

According o UKBA procedure,6 imescales or he Deained Fas rack are as.

Day 1: Arrival a Harmondsworh IRC. Legal represenaive visi

Day 2: Legal represenaive visi (i no on Day 1) and subsanive inerview

Day 3: Service o iniial decision by UKBA. I graned, released rom deenion

Day 5: I reused, nal day in which o appeal o Firs-ier ribunal

Day 9: Appeal hearing

Day 11: Deerminaion rom appeal hearing. I graned, UKBA considers wheher oappeal. I no, released rom deenion

Days 1321: I appeal reused, reconsideraion and urher appeals on a poin o law possible

a he Upper ribunal and ouside he Immigraion and Asylum Chamber

Day 22: All appeal righs exhaused

As he imescales are indicaive, here is some fexibiliy wihin he Deained Fas rackprocedures.7 Te asylum claim may also be aken ou o he Deained Fas rack and processedunder he usual imescales in he communiy i i is no possible o consider he claim wihhe requisie degree o airness wih he as rack imescales and consequenly he claimis no one which is capable o a quick decision.8 In 2008, 150 claims were aken ou o heDeained Fas rack in Harmondsworh, and 255 in 2009.9 Some asylum-seekers decide owihdraw heir asylum claims.10

Number o asylum claims heard on the Detained Fast Track

In 2009, 1,615 asylum-seekers were iniially roued ino he Harmondsworh DeainedFas rack and 495 ino he Yarls Wood Deained Fas rack, 9% o he oal 24,485 asylumapplicaions made ha year.11 Tere is currenly capaciy or 251 asylum-seekers on heDeained Fas rack in Harmondsworh a any one ime.12 Te UKBA se a arge o processing30% o asylum claims hrough deained, acceleraed processes.


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Decisions on the Detained Fast Track

Te reusal rae or he Deained Fas rack is very high. In Harmondsworh, he reusal raea iniial decision is 99%.13 Tis gure has remained broadly consisen in recen years. Tereusal rae a appeal sage was 93% in 2010. 14 Reusal raes or he Deained Fas rack are

signicanly higher han hose o asylum claims heard in he communiy, showing ha howan asylum claim is processed makes a huge dierence o he prospecs o success. Alhoughhere are no separae records o asylum claims heard ouside he Deained Fas rack process,he UKBA publishes saisics o overall applicaions and decisions made.

Year

Asylum claimsrefused by UKBAon HarmondsworthDetained Fast Track15

Overall asylumclaims refused byUKBA16

Asylum appealsrefused onHarmondsworthDetained FastTrack17

Overall asylumappeals refused18

2008 99% 70% 92% 75%

2009 98% 72% 93% 72%

2010 99% 93%

Detained Non-Suspensive Appeals

Te Deained Non-Suspensive Appeals (DNSA) is he process or deciding asylum claims which are considered clearly unounded by he UKBA. Asylum-seekers do no have anin-counry righ o appeal, i he UKBA reuses heir asylum claim. I hey wish o appeal,

hey mus do so rom heir counry o origin. Te UKBA uses a lis o counries rom whichasylum-seekers can be processed under he DNSA process.

Te DNSA process has a slighly exended imescale, wih he subsanive inerview akingplace on Day 3 and urher represenaions made on Day 4-5. A second pair o eyes reviewswheher or no he reusal is ceried as clearly unounded on Day 7.19

Tis research ocuses largely on he Deained Fas rack, raher han he DNSA. However,many o he same concerns apply o boh.

History of the Detained Fast Track

Introduction and development of the Detained Fast Track

In 2000, Oakingon IRC began o be used o aciliae a as rack asylum process in whichasylum-seekers would be deained or he purpose o processing heir asylum claim. TeOakingon Fas rack was inroduced a a ime o a sharp increase in asylum applicaions.Beween July and Sepember 1999, he average monhly number o asylum applicaions was nearly 7,000, 60% higher han he previous year.20 Lord Phillips concluded ha [a]shor period o deenion is no an unreasonable price o pay in order o ensure he speedyresoluion o he claims o a subsanial proporion o his infux.21

Under he Oakingon Fas rack, single male asylum-seekers were deained unil aniniial decision was made on heir case. Tis ook place wihin seven days, aer which hey


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13H I S T O R Y O F T H E D E T A I N E D F A S T T R A C K

would usually be released having been graned leave o remain or ollowing a reusal wih heopporuniy o pursue appeals in he communiy. I was he rs ime ha asylum-seekers hadbeen deained in his way or he adminisraive convenience o he UK governmen.22

Te DNSA process was inroduced in 2002, in which asylum-seekers whose claims wereconsidered unounded were given no in-counry righ o appeal. Insead, hey can appeal

rom heir counry o origin, alhough ew do so.In 2003, a new Deained Fas rack process was inroduced, based a Harmondsworh,

in which acceleraed appeals are heard while he asylum-seeker remains in deenion. TeDeained Fas rack Suiabiliy Lis o counries where he Home Oce considered hahere was generally no risk o persecuion was expanded in 2005 and again in 2007. By hen,applicans o any naionaliy could be processed under he Deained Fas rack, i he casecould be decided quickly. In 2009, he highes proporions o asylum-seekers on he DeainedFas rack came rom he ollowing counries:23

Country Percentage

Aghanistan 23%

Pakistan 20%

Nigeria 9%

India 8%

Bangladesh 6%

China (including Taiwan) 5%

In 2005, he UK governmen announced is Five year sraegy on asylum and immigraion.24

Despie he ac ha he number o asylum applicaions had reduced rom a peak o nearly9,000 claims a monh in Ocober 2002 o consisenly under 3,000,25 he Deained Fas rackconinued o be a he hear o governmen hinking. Is inenion o exend he use o heDeained Fas rack was made clear, wih a projecion ha up o 30% o asylum claims wouldbe heard while claimans were in deenion on he as rack.26 In he same year, he DeainedFas rack was inroduced or women asylum-seekers deained in Yarls Wood, ollowing hesame process as ha used in Harmondsworh or men.

Te number o asylum applicaions has allen by 79% since 2002.27 And ye he UKBAremains commited o expanding he Deained Fas rack, wih 251 beds allocaed o he

Deained Fas rack in Harmondsworh a any one ime, a 25% increase since 2005.28

In2009, 1,615 asylum-seekers were roued ino he Deained Fas rack a Harmondsworh, anincrease o 39% rom he previous year.29

Legal challenges

Saadi v UK30

Te mos high-prole legal challenge o he Deained Fas rack was Saadi, which concernedhe early Oakingon process. Dr Saadi is an Iraqi who, having applied or asylum on arrival andbeing graned emporary admission or hree days, was subsequenly deained a Oakingon

in 2000. He was released seven days laer, aer an iniial reusal o his claim. Following


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subsequen appeals heard in he communiy, he was graned asylum in January 2003.Saadi claimed ha his deenion was arbirary under Aricle 5 o he European Convenion

o Human Righs. In 2008, he European Cour o Human Righs ruled ha here was no violaion o Aricle 5.1. Deenion was ound o be reasonably aimed aprevening unlawul enry and he UK governmen had aced in good aih in

deaining Saadi as his case had been considered suiable or as rack processing,which was necessary o ensure he speedy resoluion o he large number oasylum applicaions a ha ime. Te European Cour o Human Righs basedis decision in par on he ac ha Saadi was deained or seven days only in herelaxed regime o Oakingon. Te Cour considered ha given he diculadminisraive problems wih which he Unied Kingdom was conroned

during he period in quesion, wih an escalaing fow o huge numbers o asylum-seekers... iwas no incompaible wih Aricle 5 1() o he Convenion o deain he applican or sevendays in suiable condiions o enable his claim o asylum o be processed speedily.31

However, a violaion o Aricle 5.2 was ound, as Saadi was no inormed sucienly

promply o he reason or deenion. I was no unil 76 hours aer his deenion ha Saadiwas given such reasons, and only ollowing he eors o his legal represenaive.

Six judges dissened rom he decision. Tey described he deenion o asylum-seekersas an increasingly worrying siuaionand concluded ha [i]n no circumsances can heend jusiy he means; no person, no human being may be used as a means owards an end mere adminisraive expediency or convenience will no suce.32 Concerns were raisedabou boh he lengh and condiions o deenion. Alernaives o deenion had no beenconsidered and deenion was he wrong answer o he righ quesion o how o process highnumbers o asylum applicaions.

RLC v Secretary o State33

In 2004, he lawulness o he new Harmondsworh Deained Fas rack process wasconsidered by he High Cour and he Cour o Appeal. In Reugee Legal Centre, i was arguedha asylum-seekers did no have a air chance o pu orward heir claim because o heimescales o he subsanive inerview and iniial decision. Te Deained Fas rack processin operaion a he ime allowed or legal represenaives o ake insrucions in he morningo he second day o deenion, wih he subsanive inerview in he aernoon. In he HighCour, Mr Jusice Collins ound ha he curren sysem was no unlawul bu agreed haanyhing quicker would be impossible o jusiy.34 Te Cour o Appeal subsequenly agreed

ha he sysem was no inherenly unair bu expressed concern ha here was no writenfexibiliy policy clariying circumsances in which addiional ime would be graned or hecase would be aken ou o he Deained Fas rack.35 As a resul, he Operaional Insrucionon Flexibiliy was published in April 2005, and has since been updaed.

Detention

was the wrong

answer to the

right question


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Revisiting the DetainedFast Track today

Detention setting, excluded asylum-seekers

Asylum-seekers on the Detained Fast Track are detained not or removalbut or the administrative convenience o the UKBA to process their asylum

claims quickly. Today, they are held in high security detention centres, in

sharp contrast to the lower security environment o the original Oakington

Fast Track. Repeatedly transerred without warning between centres, their

disorientation and conusion increase the distress o being detained. Their

ability to put orward their asylum claim and engage with the process

suers as they struggle to nd inormation and ollow complex processes

in the stressul and unpredictable environment o detention.

The naure o deenion undermines he abiliy o asylum-seekers o pursue heir casesor engage wih he asylum process. Deenion is ineviably a sressul environmen. Iis no surprising ha asylum-seekers ake ime o orienae hemselves, as hey sruggle

o come o erms wih being deained in a prison-like seting, o cope wih isolaion romriends, amily and local suppor organisaions, and o process a wealh o inormaion abouhow he deenion cenre isel operaes.36 In his environmen, i is quesionable whehermany asylum-seekers would be able o properly comprehend he complexiies o he asylumsysem, paricularly one ha is acceleraed, whaever processes were in place o explain i ohem. Movemens around he deenion esae, and delays and ailures in providing accessible

inormaion can only exacerbae his conusion.

15


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Claiming asylum in prison conditions

While deenion is generally used only as a las resor o aciliae removals o people whohave been reused he righ o say in he UK, hose who are on he Deained Fas rack aredeained hroughou he asylum process. Te asylum-seekers inerviewed or he research

spoke repeaedly o he shock and sress o being deained. For many, i was heir rsexperience o being locked up. Ohers had been imprisoned in heir counry o origin, andound being deained in he UK where hey sough reuge o be raumaic. Some had amiliesor oher suppor srucures in he UK, making he isolaion and separaion hard o bear.

People being detained are not committing any crime like people who are in prison.

Putting people in detention or so long is like a mental torture, my lie is shattered. I never

hit somebody, I did nothing, so why do they keep me in detention? They are killing people

by souls. Here, I am going crazy, I am going cuckoo.

Charles, rom Nigeria

I am not a criminal, just because I am rom another country and my skin is not white, I

am not an animal, I am a human. The system, to my own understanding, is a shambles.

They keep moving me around the place. I have never been wanted by the police, or been

in trouble with the law, but here I am in prison.

Louie, rom Gambia

Detention is really desperate or me, especially that you cant be with your amily while

your case is being dealt with. It happens not only to me, but my amily as well. Everything

is breaking the amily, they are tearing the amily apart. I told them to tag me while my

case is being dealt with, they reused.

John A, rom Nigeria

It is quite boring really, but I am also nding it dicult mentally, it is so depressing here.

I am always down, I miss my amily, my riends, my lie. I am a bit shy, so I dont want

to say too much. I am not the only one in here that eels this way some o the stronger

ones put on a brave ace, but they all eel terrible inside. But I eel so lucky because I have

my mother and the energy she eeds me. Some people in here are all alone, and I cannot

imagine how they eel.

Alex, rom Ivory Coast

Stressul. Its really bad. Theres nothing I can do, I only have people like you I can talk to.

I dont even have a solicitor, and it is hard work to do everything mysel. I am tired being

here, I miss my kids so much. I cannot take it no more. Maybe thats their plan, so that we

can all give up on our lie. This is torture now.

Mallan, rom Malawi

Many cliens we inerviewed were iniially deained elsewhere beore being ranserred oHarmondsworh or heir case o be processed on he Deained Fas rack, increasing heir

sense o conusion and rusraion. Several experienced more han one long journey around hedeenion esae, wih litle or no noice or explanaion, beore hey reached Harmondsworh.


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17D E T E N T I O N S E T T I N G , E X C L U D E D A S Y L U M - S E E K E R S

They did not tell me anything. They came on Saturday morning around 6 am and they

woke me up. In 15 minutes I had to leave. I had no time to talk to my solicitor, I had no

time to have a shower, I had no time to do nothing or pack my stu. They deprived me

o everything.

Charles, rom Nigeria

They just locked room and waited or about ve hours. Then van came over and they

took me to Manchester or two days then they transer me ater that to Scotland or three

days then they brought me back Manchester or another three days. Then took me to

Harmondsworth, waited about two weeks or the substantive interview. Whats the point

taking me Manchester and then Scotland and then back to Manchester? The system is

really bad because or dierent stages o the process or transportation, or release, or

interviews, dierent people are involved and the coordination between them is just so

poor, they just dont communicate with each other.

Mohammed, rom Libya

The immigration ocers who took my screening interview did not tell me anything. I was

becoming rantic and I honestly thought i they kept me like this then I would die. Despite

my visible health problems and actually showing them my medical reports, all they gave

me was a painkiller. I was taken to Colnbrook in a prisoners van. Then they took me to

Dover IRC where I stayed or a week. I was told that or my substantive interview, they

would transer me to Harmondsworth. I was shocked when they told me this as I am

not well, and they kept moving me. I reused to go the rst day. I told them that I cannot

make yet another long journey. On the second day, they locked me up in a tiny cell or ve

minutes. They threatened me, saying do you want to stay in this cell or are you readyto go to Harmondsworth? I gave in, I didnt want to be conned again. I was back in

Colnbrook or 24 hours lock up, then a month and hal in Harmondsworth, then they told

me they would move me to Oxord. I was scared they might lock me up in a cell again so

I didnt argue. When I went to the healthcare in Oxord, they were bafed that with my

upcoming hospital appointments in London, I was still moved to Oxord, so I was sent

back to Harmondsworth.

Mo, rom Bangladesh

While he Deained Fas rack has in he pas been jusied parly on he grounds o he low

securiy regime in Oakingon, oday hose on he Deained Fas rack are held in condiionsidenical o a high securiy prison. In he Saadi liigaion, he Home Oce repeaedly madereerence o condiions a Oakingon: []he pracical operaion and aciliies a Oakingonare very dieren rom oher deenion cenres. In paricular, here is a relaxed regimewih minimal physical securiy, refecing he ac ha he purpose is o consider and decideapplicaions. Te sie isel is very open wih a large area or oudoor recreaion and generalassociaion or personal space. Applicans and heir dependans are ree o move aroundhe sie. Te House o Lords agreed, bu noed ha [i] condiions in he cenre were lessaccepable han hey are aken o be here migh be more room or doub. 37

Asylum-seekers on he Deained Fas rack are now requenly held in he new high securiy

wings a Harmondsworh IRC, buil o Caegory B prison specicaions in accordance wihUKBA policy.38 Te new high securiy wings opened in summer 2010 were billed as designed


20/52


or some o he mos challenging deainees he UK Border Agency holds, he vas majoriyo whom are ormer prisoners who have commited serious oences.39 In realiy, wih he

closure o Oakingon, mos asylum-seekers on he Deained Fas rackare also held in hese high securiy condiions.

Te new wings a Harmondsworh are par o a policy o increased

securiisaion o deenion cenres. As he new wings were prepared oropening, he Harmondsworh Independen Monioring Board (IMB)was concerned abou he eec he physical inrasrucure will have onhe regime and nds i shocking ha brand new aciliies have been buil ha are ill-suied o heir inended purpose and ha oer lower

sandards o decency han he aciliies hey replace.40 Te asylum-seekers we inerviewedwere shocked by he prison-like environmen o Harmondsworh:

When I rst came here it was not really good. I had never been in this situation, I had

never been locked up, it was like a prison, it is a prison. I said to my cellmate, this is

prison, not detention. I was very depressed thinking why am I here, in a prison?

Paul Touray, rom Gambia

Whoever comes in to these detention centres, rom the moment they are detained they

lose all their rights. It is like we are all in prison. We are locked up. Why? They lock us up

three times a day. I havent committed any crime, what have I done to be locked up? Just

living under these circumstances, I eel I will go crazy just rom thinking.

Asi, rom Pakistan

Theres a big dierence: Dungavel is a detention centre, Harmondsworth, Colnbrook andthe rest o them, they are prisons. The way the place are built, the way you can walk

around and see people. At night your riends go to their room, rom nine oclock they lock

the door.

John A, rom Nigeria

Confusion and disorientation

Alhough asylum-seekers on he Deained Fas rack should have an inducion inerview

wih a UKBA ocer wihin 48 hours in Harmondsworh, in which he asylum process isexplained,41 he majoriy o asylum-seekers we inerviewed were conused and disorienaed.Tis migh be due o limied or lae inormaion, lack o inerpreers or ranslaed maerials,lieracy, he sress o deenion, and isolaion rom he communiy suppor srucures hausually help asylum-seekers in he communiy o undersand he asylum process. Someasylum-seekers did no remember having he Deained Fas rack explained o hem in aninducion inerview. Some who did no speak English did no seem o have been providedwih inormaion in ranslaion and ohers were illierae in heir own language, relying onriends or NGOs o explain documens o hem. Tis appeared o undermine heir abiliy oprepare heir claim or engage meaningully wih he asylum sysem, puting hem a a serious

disadvanage.

Asylum-seekers

are now requentlyheld in the new

high security wings


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19D E T E N T I O N S E T T I N G , E X C L U D E D A S Y L U M - S E E K E R S

While some asylum-seekers repored ha hey quickly undersood wha was happening,many old us ha hey were no inormed ha hey were on he Deained Fas rack orseveral days. Our daa analysis shows:

l 45% waited 3 days or more to be told they were on

the Detained Fast Track

42

l 23% waited one week or more to be told they were

on the Detained Fast Track43

Te inerviewees ound ou ha hey were on heDeained Fas rack in a variey o ways. Mos were oldheir cases were being as-racked by an immigraionocer, bu some were inormed by heir soliciorand some only became aware when hey asked a heDeained Fas rack oce, on our advice.

My lawyer in Nottingham told me I was on the ast track, not UKBA. He said they were

not corresponding. My lawyer was arguing about why they put me on ast track but the

Home Oce reused to take me o. My lawyer said we dont do ast track. The UKBA never

explained anything about what ast track was. My

ellow detainee told me that ast track meant things

were quick, always quick. I never received any

inormation in paper. I never knew about the ast

track oce, I only ound out about it now.

Paul Touray, rom Gambia

I ound out I was on ast track our or ve days ater

I was taken to Dover [having already been detained

elsewhere or three days]. I was told by one o the

immigration ocers that my case will be assessed in

the ast track process. But the ocer only told me as

my private solicitor at that moment was pressurising

immigration to nd out what they were going to do

with me. At that point I had no idea what ast track

meant. It was while my case was being processed

step by step and in that quick manner that it slowly

started to dawn on me what ast track really meant.

Mo, rom Bangladesh

I was told by a Punjabi-speaking ocer that I was on ast track but other than telling me

I was on ast track he did not give any urther explanation. Okay ne, put us in ast track,

but then we dont even know what ast track is. At least explain it to us. Give us some

inormation. Is that not our right to understand the process in which our claims will be

assessed? Its not our claims that they are playing with, it is our lives.

Umair, rom Pakistan

We met a group o Urdu-speakers with

limited English. Some had been given aone-page document in English with basic

inormation about the Detained Fast Track.

They did not realise their cases were being

ast-tracked and they did not seem to have

been given any inormation in translation.

We spoke to an Aghani detainee on the

Detained Fast Track, who spoke no English.

He told us he was very depressed and his

hands would not stop shaking. He had

been held or 40 hours in police custodybeore being taken to Manchester or

23 days and then to Harmondsworth.

When we spoke to him, he had been in

Harmondsworth or 32 days. He told us

that he was illiterate and that he had never

been in this kind o situation, so he could

not understand any o the inormation he

was given by the Home Ofce. A riend

had read his papers and tried to explain itto him. He frst met his solicitor ater over

three weeks in detention.


22/52


We ound ha here is in ac writen inormaion available in English and in ranslaion. Oneasylum-seeker showed us a comprehensive documen in English wih an explanaion o heprocess and heir righs, including a helpul fowchar wih relevan imescales. Anoher hadbeen given he same maerial in Bengali. Bu no everyone seemed o have been given hiswriten inormaion.

Te UKBAs new onsie Deained Fas rack oce was also useul or some asylum-seekers in giving procedural inormaion, and has he poenial o signicanly improve

communicaion wih asylum-seekers, alhough no case owners are basedhere. However, some inerviewees were unaware o i.

Concerns have been expressed in he pas abou he way in whichinormaion is provided o asylum-seekers on he Deained Fas rack.Her Majesys Chie Inspecor o Prisons (HMIP) observed ha heasylum process was no always adequaely explained during he DeainedFas rack inducion inerview and ha imporan evens and imescaleswere no highlighed.44 elephone inerpreers were used bu he sound

qualiy o he speaker phone was poor. HMIP recommended ha asylum-seekers undersanding o he Deained Fas rack process should bechecked a he end o he inerview.

While he legal represenaive should also explain he Deained Fasrack in he rs visi prior o he subsanive inerview, delays in heallocaion o a represenaive mean ha asylum-seekers can wai or weeksbeore hey undersand hey are on he Deained Fas rack and how he

process works. Legal represenaives rom a number o rms have repored receiving desperaeaxes rom asylum-seekers wihou access o legal advice during his period. As he rs legalvisi is oen a shor meeing immediaely prior o he subsanive inerview, here is litle ime

or claricaion or quesions, beore he deails o he asylum claim mus be discussed.Some asylum-seekers old us hey were no inormed in advance o he dae and ime o

he subsanive inerview, despie he presence o onsie UKBA sa and he ac ha heinerview rooms, inerpreers and legal represenaives mus be arranged in advance. Asylum-seekers, oen he las o know when heir subsanive inerview will ake place, are expecedo be ready wih litle or no noice.

I was never told I was going to have an interview, I complained to the interviewer

that there wasnt any notication that the interview was that day. I elt I needed the

opportunity to be prepared. I told her I didnt expect them to call me because there wasnt

a letter. I told them that I was not ready or the interview yet.

Akeen, rom South Arica

I didnt know I would have an interview until the morning. When I ound out, I was

panicking at rst because I didnt know what they were going to ask me.

Kyeyune, rom Uganda

I was in Colnbrook, then I went to Campseld, the next day they brought me to

Harmondsworth and I said why? And somebody said youre on ast track. But then I

Asylum-seekers

can wait or

weeks beore they

understand that

they are onDetained Fast

Track, and how the

process works


23/52

21I R R A T I O N A L D E L A Y S A N D S P E E D

dont know the meaning o ast track. Immigration did not explain it to me either. When

I called a legal aid solicitors, they said they cant take my case because Im on ast track. I

said then, still I dont know the meaning o ast track. Ater my interview when I met with

a new private solicitor, the second one, he then said to me youre on ast track. Fast track

means they deal with your case quick and they remove you.

Emeka, rom Nigeria

Irrational delays and speed

Our analysis shows that the allocation o time on the Detained Fast

Track is irrational and unaccountable, and operates to the maximum

disadvantage o asylum-seekers. Time spent on considering their asylum

claim is minimised in order to reduce the problematic detention o people

with pending asylum cases. Yet this is completely undermined by delays oweeks at the start o the process, when the asylum-seeker is detained but

can do nothing to prepare their case or seek legal advice. While asylum-

seekers have only minutes with their solicitor beore their interview, and

only two days to make an appeal, the UKBA routinely misses its own

deadlines by days or weeks. As a result, asylum-seekers have inadequate

time when they need it, yet are detained or long

periods in limbo.

Unexplained waits in detentionDeenion Acions research has revealed an alarming picure o a dysuncional sop-sar-sop sysem. Te sysem moves exremely as precisely when ime is needed by he asylum-seeker o prepare heir case or or heir claim o be considered. In conras, asylum-seekers are kep in deenion unnecessarily, waiing or he Deained Fas rackprocess o sar, a a ime when he UKBA is no processing heir case. Aer reusal,asylum-seekers coninue o be deained or subsanial periods.

Te Home Oce emphasised in Saadi he need or deenion o enable hespeed and eeciveness o he process which are is very objecive in order o

achieve he purpose o ensuring ha applicans remain a Oakingon, i is necessaryo ake seps o preven hem rom leaving I applicans absened hemselves,even emporarily, his would presen subsanial diculies or he processing o cases.I would aec he absen applicans own cases. I would sand also o have a derimenalknock-on eec on he ecien operaion o he decision making process or ohers.45 Teunnecessary deenion a he sar o he process undamenally undermines he raionale orhe exisence o he Deained Fas rack.

Your time is worth nothing in here.

Louie, rom Gambia

A

dysunctional

stop-start-

stop system


24/52


We ound ha 86% o hose we inerviewed had o wai or longer han a week a hebeginning o he Deained Fas rack process beore a legal represenaive was allocaed andhe subsanive inerview had aken place.46 Tis is in sark conras o he UKBA imeramewhich suggess ha he subsanive inerview should ake place by he end o he second dayo deenion in Harmondsworh. Moreover, our research suggess ha over hal o asylum-

seekers wai or wo weeks or more and one quarer wai hree weeks or more.47 No oneasylum-seeker we spoke wih had heir inerview wihin he imerame se ou by he UKBA.As a resul, asylum-seekers are le in limbo, usually wihou access o legal advice, or weeksa he sar o he process. Te reasons or hese delays are unclear.

Period waiting beforesubstantive interview Number of asylum-seekers48 Percentage of total

2 days or more 44 100%

1 week or more 38 86%

2 weeks or more 24 55%




It was really really painul, because I was

waiting. Finally [ater 28 days], when I

went or the interview, ater talking to the

guy that interviewed me, I was sure thatOK he will give you a reply the next day.

Really hope that they had accepted my

case. And or them to turn around and say

to me we reuse everything youve told

us. And they gave me two days to appeal.

Emeka, rom Nigeria

It was hell man, it was just hell. I didnt

know what to do, what to be araid o,

what it would be like.

Mallan, rom Malawi

Tis unnecessary deenion while waiingor he UKBA o sar he process adds o heoverall lengh o deenion ha asylum-seekersexperience while heir claims are processed,undermining he UKBAs jusicaions haasylum-seekers on he Deained Fas rack aredeained or minimal periods only.

D was detained or 43 days beore his

substantive interview. He had been told he was

on the Detained Fast Track at the time o his

detention, but was given no written inormation

about it. The ofcer spoke to him in English,

which he understood a little bit, enough to

realise that the Detained Fast Track would be

ast. D had met a solicitor in another detention

centre beore being moved to Harmondsworth,

but they werent able to tell him i they could

represent him while he was on the Detained

Fast Track. He wasnt inormed that he wouldbe allocated a solicitor and he had no urther

contact with any legal advisor until the day

o his substantive interview, ater 43 days in

detention. He was woken up on the morning o

his interview, having been given no notice that

it would take place that day. He had 15 minutes

with his solicitor to prepare his case.


25/52


Period waiting beforeinitial decision Number of asylum-seekers49 Percentage of total

1 week or more 42 100%






Alhough odays Deained Fas rack is no direcly comparable o Oakingon, our researchshows ha wha was considered borderline accepable in Saadi is very ar removed rom odayssiuaion. In Saadi, a period o seven days deenion prior o an iniial decision and usual release

was considered by he cours o be reasonable only in he specic circumsances. Deenion wasjusied in Saadi as[c]areul hough has been given and is given on an ongoing basis, as o howo make he deenion as shor as possible while achieving he objecives o subsanive decision-making wihin 7-10 days.50 In ac, dissening judges in he European Cour o Human Righsvoiced heir concerns ha i a seven-day period o deenion is no considered excessive, whereand how do we draw he line or wha is unaccepable?. 51Asylum-seekers oday are rouinelywaiing in deenion or ar longer han his or an iniial decision.

Irrational timing 1: the experience of D

Irrational timing 2: the experience of John B

Day 1: Claimed asylum

Day 13: Screening interview

DAYS

Day 44: Told date of substantive interview / Met solicitor / Substantive interview

Day 58: Removed

100 20 30 40 50

Day 46: Received refusal letter

Day 14: Given monthly report that may be on DFT

Day 1: Claimed asylum

Day 4: Told on DFT

DAYS

Day 34: First meeting with solicitorTold date of substantiveinterview

Day 35: Substantive interview

Day 39: Received refusal letter

Day 184: Released on bail

100 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180


26/52


An expensive waiting room

High securiy wings in Harmondsworh are a very expensive waiing room or hose waiingor he Deained Fas rack o sar. Deenion is known o be a cosly opion, wih onemonh in a high securiy deenion cenre cosing over 5,500 per person. 52 Te asylum-

seekers we spoke wih waied an average o 16 days in deenion beore he Deained Fasrack process began. 1,159 asylum-seekers received an iniial decision on he Deained Fasrack in Harmondsworh in 2010.53 Deenion Acions ndings sugges ha asylum-seekersin 2010 may have spen 18,544 days unnecessarily deained, waiing or he Deained Fasrack process o sar.

Deenion coss around 130 per person per day.54 Te coss o supporing an asylum-seeker in he communiy have been esimaed a 150 per week, i.e. 21 per day.55 Tissuggess ha i coss around 109 exra per day o keep someone in deenion, raher han inhe communiy.

Our daa suggess ha he cos o he axpayer in 2010 o he periods o unnecessary

deenion a he sar o he Deained Fas rack process may have been over 2,020,000.

Detained Fast Track turning into long-term detention

While 22 days are allocaed or he process o be compleed,56 in realiy, asylum-seekers onhe Deained Fas rack usually spend subsanially longer in deenion. For hose who are

going hrough he Deained Fas rack oday, deenion is ineviably longerhan i was under Oakingon Deained Fas rack because appeals are nowheard in deenion and hey are usually deained unil he conclusion o heircase, insead o being released ino he communiy. Alhough many asylum-

seekers are removed quickly once heir case has been nally reused, his is byno means always he case. In 2009-2010 in Harmondsworh, he average imeperiod beween decision and acual removal o hose who were unsuccessul was 58 days or Deained Fas rack cases and 54 days or DNSA cases.57HMIP has observed ha some deainees, as racked and reused, were sill

a Harmondsworh weeks or monhs laer, awaiing removal. A his sage boh he assignedcaseworker and he assigned duy rep seemed o have disengaged rom he case.58

Tose we inerviewed experienced heir siuaion as deenion wihou end, wih no ideahow long hey would spend in deenion.

Up to now I dont know what it means, how it works, I dont know. Ater I spent sevendays there, they told me I was on ast track. I will be in ast track or ourteen days, then

they will get a decision or me. Ater one month I went to them and I say ourteen days

is over, what is ast track, explain to me what is ast track? And they explain to me that

ast track is a procedure whereby it will be quickly dealt with. So now I think next week

Tuesday I will be ve months in detention, so what is ast track?

John A, rom Nigeria

Detention is prison and the worst thing is you get up every day not knowing are you

going home today, what is going to happen today. You end up spending every day you

worry when am I going, when am I going? Because I have sickle cell, Im in a lot o painand Ive had depression and in my eyes, and the stress and everything has really aected

It is better to

go to prison and

know the time

you are serving


27/52


me. I didnt expect that they could keep somebody here. They say its ast track, Ive been

in detention since June, today its February.

John B, rom Nigeria

It is better to go to prison and know the time you are serving, rather than being here

orever. I was told initially that my decision will be between 15 days and 28 days, but I

have been here or over two months now. Its just a matter o living day in day out. It is

up to the individual, i you do not have the strength, you can even take your own lie.

Louie, rom Gambia

When they detained me, they told me that I am going to stay or 10/15 days. But now it is

over 70 days and my lie has stopped. What I do is eating and sittingthats it. I thought

at least it will be ast, that I could leave ater 15 days either way. They lied to me, so now

I eel like there are no rules anyway.

Anbar, rom Egypt

Asylum process at breakneck speed

Asylum-seekers on he Deained Fas rack ace a as process or deciding heir claims,designed o ake no more han 22 days.59 Since is incepion, he need o decide asylum claimsquickly has been cenral o jusicaions o he Deained Fas rack, wheher as a responseo he increase in asylum applicaions in he lae 1990s, in he conex o he lenghy backlogo legacy cases in he pre-NAM days, or a key and ongoing par o governmen prioriieson asylum. I has also been argued ha [i] is in everyones ineres ha boh genuine andunounded asylum-seekers are quickly idenied.60 No only was Oakingon designed osend a srong signal o ohers hinking o rying o exploi our asylum sysem, bu also omake sure ha [g]enuine asylum-seekers can be given he suppor hey need o inegraeino sociey. Te governmen righly suggesed ha [p]eople who come o he UK may befeeing errible persecuion and i is imporan ha heir claims are deal wih swily. So haraher han being suck in an adminisraive limbo hey are able o ge on wih rebuildingheir lives.61 However, dissening judges in Saadi a he European Cour o Human Righsound he idea ha he deenion o asylum-seekers was in heir own bes ineress o beexceedingly dangerous.62

From he 1998 Whie Paper Fairer, Faser and Firmer o he launch o he AsylumImprovemen Projec in 2010, he governmen has acknowledged he obligaion o balancespeedy resoluion o cases wih he need or a air process. However, he airness o he processhas repeaedly been quesioned. Human Righs Wach has described he Deained Fas rackas a as-moving readmill wih srucural eaures inhibiing or even prevening hem rommaking heir cases eecively.63

While fexibiliy in imescales has been buil ino he Deained Fas rack since he RLCcase, many asylum-seekers and heir represenaives sill sruggle o gaher necessary evidencesuch as ranslaions or winess saemens.64 Diculies have also been repored in getingindependen exper repors. Te UNHCR has welcomed some imescales being proacively

exended by UKBA case owners, bu also repored requess or exensions being reused orreasons which did no seem o be jusied, including where here were delays in geting vial


28/52


evidence.65 Te UNHCR was concerned ha asylum-seekers who are represening hemselvesmay no be aware o he opion o requesing an exension.66 Similarly, alhough applicaionscan be made o ake cases ou o he Deained Fas rack, legal represenaives have noedha here can be insucien ime o atemp his because hey are batling even o presen[he] case.67

Our research also looked a when hose on he Deained Fas rack esablished conac wihheir legal represenaive. 85% (29 o 34 inerviewees who answered his quesion) did no meewih heir represenaive in person unil he day o he inerview. Tis shows ha hose on heDeained Fas rack have minimal ime wih heir legal represenaive o prepare heir case.

Legal represenaives are usually allocaed he day beore he subsanive inerview. I ishe responsibiliy o he represenaive o make conac as asylum-seekers are no usually

given he name or conac deails o heir represenaive by he UKBA. Legalrepresenaives we inerviewed described diculies in conacing heir cliensquickly because no all asylum-seekers in Harmondsworh have elephones andrecepion is someimes poor. Represenaives are concerned ha here is usually

insucien ime o arrange a legal visi on he day o allocaion as inerview roomsare oen booked ou by UKBA. As he subsanive inerview akes place heollowing morning, he legal represenaive is usually orced o ake insrucions

in a shor meeing wih he asylum-seeker immediaely beore he inerview.Tese ime limiaions, which are inroduced o speed up he process, can have a serious

impac on he relaionship beween asylum-seekers and heir represenaives, he qualiy ohe case preparaion and he legal advice ha can be provided beore he subsanive inerview.In heir legal challenge o he Deained Fas rack, he Reugee Legal Cenre argued halegal represenaives are oen unable o ake ull insrucions in he ime available and eelha he applican is placed under oo grea pressure in having o ace an asylum inerview

he same day as he may be meeing his legal represenaive or he rs ime.68 Tere is litleime o explain he Deained Fas rack process and he purpose o he inerview or eveno ake insrucions on he subsance o he asylum claim. While some asylum-seekers weinerviewed were impressed wih he eors o heir represenaives despie he ineviablediculies, i was clearly very dicul or many o rus someone ha hey me or such a shorime. In such circumsances, he Join Commitee on Human Righs ( JCHR) considered i obe sel-eviden ha an asylum-seeker who has had raumaic experiences will nd i diculo ully disclose wha has happened o hem o a UKBA case owner.69

Our inerviewees described severely resriced ineracion wih heir legal represenaives:

The rules had changed, so I could not use my own legal aid solicitor rom outside. The

guards woke me up and said you have a legal visit. A solicitor introduced himsel to me

and I asked him who are you? I dont even know you!

Louie, rom Gambia

I dont know i my solicitor understood what I was telling him. He did not tell me what

to expect or what will happen. I did not know anything. How can I explain my case to

the solicitor when I only met him ve minutes beore my interview? Do you think that is

enough time?

Asi, rom Pakistan

Minimal time

with their legal

representatives


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How can someone who is supposed to help you only give you 20 minutes beore your

interview to get all o the details, when the interview itsel lasted eight hours? We do not

get proper legal advice, which the government promises us we will have.

Mallan, rom Malawi

I spoke with my solicitor, but the system is madness, because they give you hal an hour

to tell them your whole case.

Louie, rom Gambia

I is impossible o esablish wheher he igh imescales and limied availabiliy o evi-dence in he Deained Fas rack aec he decisions ha are made, since cases consideredon Deained Fas rack and in he communiy are no sricly comparable. However, heQualiy Inegraion Projec o he UNHCRhas raised concerns abou he qualiy o

iniial decision-making by UKBA case own-ers. In heir las repor in 2010, he UN-HCR noed some improvemens,70 bu hegrea majoriy o he concerns idenied in2007-08 were sill prevalen.71 Te UNHCRobserved excessive and inappropriae em-phasis on acors which are no relevan ohe assessmen o credibiliy.72 I criicisedhe inappropriaely heavy burden ono De-ained Fas rack applicans o prove heir

claim and he unreasonable expecaionso evidence provision which were paricu-larly concerning given asylum-seekers onhe Deained Fas rack have o presen heircase in deenion o as imescales.73 TeUNHCR criicised poor consideraion andproblemaic reasoning on wheher a claimengaged he Reugee Convenion, especial-ly in relaion o claims involving gender ormembership o a paricular social group.74

I ound insucien engagemen wih individual characerisics and circumsances ohe applican.75

Some o hose we inerviewed indicaed ha hey migh have been able o engage wihhe asylum process more meaningully had here been more ime or opporuniy o accessevidence o suppor heir claims:

When you are arrested youre not allowed to bring any o the details, no evidence, nothing,

so the only evidence or me is what you say with your mouth, and they will blame you i

you dont give them evidence.

John B, rom Nigeria

Delays in being allocated a legal rep and having

the substantive interview are a really common

problem. I meet asylum-seekers at the legal

surgeries who I know will be on ast-track, but I

cant take on their case because they will get a duty

representative. They dont know what is going on.

We could do so much in the time that is wasted,

gathering witness statements and making reerrals.

It is much easier to do this pre-decision.

UKBA usually rings us by midday the day beore theinterview. In Harmondsworth, interview rooms are

really booked up so we generally cant get in to see

the client the same day. UKBA presumes that a hal

an hour meeting beore the interview is acceptable.

You can sometimes get more time i you request it,

but its at the discretion o UKBA.

A legal representative with experience

o the Detained Fast Track


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Perhaps with all the evidence and the right amount o time, they would not reuse our

claims so quickly. We are honest men, yet we have been called liars over and over in such

a short space o time. They dont know us, how can they reduce us all to liars?

Umair, rom Pakistan

When they reused me I had no evidence, it was in Libya, and my amily they were scared

to send me the evidence, so none o them they can gamble with their lie and send me

the evidence. I got a fight. Finally, my riend got me that evidence, so I made resh claim,

and now Im waiting.

Mohammed, rom Libya

Aer he iniial decision, he majoriy o asylum-seekers on he Deained Fas rack haveo negoiae he process unrepresened, oen in a language hey do no speak. Legal aidrepresenaives mus apply he meris es and assess wheher here is a 50% likelihood o

success in order o represen or he appeal. In a sysem in which93% o appeals are dismissed, many represenaives assess hemeris as insucien, leaving asylum-seekers unrepreseneda heir appeals. 63% o asylum-seekers on he Deained Fasrack were unrepresened a appeal in 2010.76 In conras, heHome Oce is always represened. ILPA has argued ha hisimbalance is on he borderline o human righs complian [as] inernaional human righs laws require ha any ribunal

mus ensure respec or he principle o procedural equaliy and here should be a reasonableopporuniy o presen ones case under condiions ha do no place he individual concerned

Zaro Wiggins:

Illegal Aliens

the majority o

asylum-seekers have to

negotiate the process

unrepresented


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a a subsanial disadvanage vis a vis his opponen and o be represened by counsel or hapurpose.77 Te imporance o legal represenaion is underlined by he ac ha 14% oappeals were allowed where he asylum-seeker was represened, as opposed o 2% where hey were unrepresened.78 ILPA has argued ha, i he Deained Fas rack is o coninue, hereshould no be a meris es or Deained Fas rack cases, bu ha here should be lawyers

assising hose people hroughou he process.79Te inerviewees also sressed he sense o helplessness hey experienced as a resul o no

having legal represenaives hroughou he Deained Fas rack process:

Im not experienced and I had no solicitor, thats why I done the wrong step.

Mohammed, rom Libya

Ive been doing the case mysel ater the solicitor abandoned me. Ive been trying to help

mysel and the immigration took advantage o that to do all sorts o rubbish.

John A, rom Nigeria

Even the criminals when they go to court, they get them legal representation. Here i you

have a lawyer or dont have a lawyer, they race ahead and continue.

Matthew, rom Ghana

Te asylum-seekers we inerviewed had litle rus in a sysem ha hey el marginalised anddehumanised hem:

I didnt understand ast track beore, and I still dont understand it now. It is a way or

them to save money and send people home, because there is no truth on ast track. Mysolicitor asked immigration to remove me rom ast track as my case is not suitable or

it. She also asked them to let me out on bail or TA to gather evidence. But they reused,

because they have no interest in me preparing a good case with evidence, as this will

make it hard or them to get rid o me.

Mallan, rom Malawi

Nobody knows how they take that decision. I you are able to look at my reusal, you

will know that it is not a human being that is reusing that letter, I think it is a machine

because a human being weve all got hearts, weve all got human sympathy.

John A, rom Nigeria

Fast Track is a mockery. Their minds are already made up. Home Oce should look at

each case individually with time. They do not even try to nd out i we are speaking the

truth and there is absolutely nothing we can do. We have no power and no say in our

own cases.

Yasir, rom Pakistan


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A straightforward case?

The Detained Fast Track is designed to process straightorward asylum

claims quickly. However, the UKBA does not have enough inormation

to determine in advance which cases are suitable or a swit decision,meaning that vulnerable individuals and those with complex cases

wrongly have their claims processed in detention.

The screening process

I he airness o he Deained Fas rack is quesionable, is i a leas only used or sraigh-orward asylum cases which would be reused under any sysem? Te screening processesha decide wheher an asylum-seekers claim is processed on he Deained Fas rack inspireno condence ha his is he case. Tey are enirely inadequae o assessing he complexiy

or oherwise o an asylum claim, because he relevan inormaion is no available a hescreening sage. As a resul, he decision o roue an asylum-seeker ono he Deained Fasrack is based on rules o humb and guesswork.

Te decision o place an asylum-seeker on he Deained Fas rack is made on he basis oa screening inerview. According o UKBA policy any asylum claim, whaever he naionaliyor counry o origin o he claiman, may be considered suiable or DF/DNSA processes where i appears, aer screening (and absen o suiabiliy exclusion acors), o be onewhere a quick decision may be made.80 Te UKBA insrucs is sa ha []here is a generalpresumpion ha he majoriy o asylum applicaions are ones on which a quick decision maybe made, unless here is evidence o sugges oherwise.81 Te screening inerview ypically

lass a ew minues, and usually akes place in a non-condenial environmen. Te asylum-seeker is asked heir counry o origin, roue o arrival in he UK, lengh o ime in he UK, andvery broadly he reasons or claiming asylum. Quesions are no asked abou he deails o heasylum claim, such as wheher he asylum-seeker is a survivor o orure or sexual violence.Te JCHR has expressed concerns ha he decision o deain an asylum-seeker may bearbirary because i is based on assumpions abou he saey or oherwise o he counryrom which he asylum-seeker has come.82 Indeed, 16% o cases roued ono he DeainedFas rack are subsequenly aken ou, when i becomes clear ha hey are unsuiable. 83

Cerain caegories o people are no eligible or he Deained Fas rack, including womenover 24 monhs pregnan, amilies, disabled people and vicims o racking. Survivors o

orure who have independen evidence are also ineligible, alhough ew will have accesso independen evidence beore hey have begun o prepare heir asylum case. For allwho do no all ino hese caegories, a decision on suiabiliy or he Deained Fas rackmus be made based on vaguely worded guidance.84 Te UNHCR has expressed concernsha saeguards do no always operae eecively enough o ideniy complex claims and vulnerable applicans no suiable or a deained acceleraed decision-making procedure.85As ILPA noed, i is a mysery o he as rack process how he sraighorwardness o claimscan be accuraely assessed when he screening inerview elicis no or virually no inormaionabou he subsance o he claim.86 And ye, given he 99% reusal rae on he Deained Fasrack, his rudimenary assessmen has a huge impac on an individuals chances o being

graned proecion.


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31A S T R A I G H T F O R W A R D C A S E ?

Vulnerable individuals and complex cases

In pracice, vulnerable individuals and people wih complex cases are oen roued onohe Deained Fas rack, ollowing heir screening inerview. Teir asylum claim is heardand reused in deenion. Deenion Acion has spoken o asylum-seekers on he Deained

Fas rack rom counries whereconfic and human righs violaionsare well-documened. Tese includeIraq, Iran, Libya, Yemen, Ivory Coas,Sri Lanka, and he DemocraicRepublic o Congo. In 2009, hehighes proporion (23%) oasylum-seekers on he DeainedFas rack came rom Aghanisan.87We have also spoken o survivors o

orure or homophobic persecuion,age-dispued children, and ohervulnerable individuals.

In 2009, 16% o cases were akenou o he Deained Fas rack be-cause hey were ound o be morecomplex han originally hough a screening.88 While i is posiive ha cases are aken ouo he Deained Fas rack, hese gures underline he inadequacy o iniial procedures oadequaely assess complexiy. Moreover, ime pressures mean ha legal represenaivesoen do no reques cases o be aken o he Deained Fas rack.89 Where hey do, hey

do no have ime o make deailed legal argumens. Such requess are oen reused.Ac-cording o he Medical Foundaion or he Care o he Vicims o orure, in pracice sig-nican numbers o orure survivors are winding up in [he Deained Fas rack]. Weknow his because our docors play a key role in documening evidence o heir abuse. 90Alhough under he curren policy anyone acceped by he Medical Foundaion or assess-men is released rom he Deained Fas rack and rom deenion, his policy is currenlyunder review by he UKBA.

Two days ago they removed 35 people to Aghanistan. So where are the human rights?

We mess up their country and then remove their rights here as well. Even David Cameron

knows that there are real issues in Aghanistan, so how can he send people back?

Mallan, rom Malawi

Ive had mental health problems since I was a child. Sometimes I get really scared in here,

my blood pressure becomes high. I cannot breathe properly. I dont understand anything

in here, I dont know what to expect or do. In Pakistan when I was admitted, they used to

give me electric shocks but at least my mother used to visit me. My mother is dead and

I do not want shocks anymore. Over here in detention, it eels worse than the mental

hospital. Keep me somewhere else but not here, not like this. Being locked up like this is

making me worse. Send me to a mental hospital but not here, I do not deserve to be here.

Yasir, rom Pakistan

Mahdi Hassan:

Untitled


34/52


Ive got a death sentence in Libya, Ive got two arresting orders. Ive told the immigration

i you arent happy with me to stay in your country, thats your country, and youve got

the right. You just send me where ever you want, but you cant send me back to Libya,

thats grave danger. Everyone knows what happens, whats gonna happen in Libya. We

been living in dictatorship or 42 years now, people suer, we try to change things.

Mohammed, rom Libya

While his repor ocuses on he Deained Fas rack as i operaes or men in Harmondsworh,NGOs and monioring bodies have expressed concerns abou he processing o gender-basedclaims on he Deained Fas rack. Tese claims are rarely sraighorward, because o hehigh prevalence o rape and sexual violence 91 and also because o complexiies in undersand-ing he naure o heir case, when non-sae acors are oen he perperaors o human righsabuses and quesions o adequae sae proecion are highly relevan.92 I has been arguedha he gender Asylum Policy Insrucions, which aim o ensure ha womens claims arereaed in an individual and imparial manner, are undermined by he use o he DeainedFas rack or women93 and ha more rigorous procedures are needed o preven complexcases going ino he Deained Fas rack.94 Te assessmen o suiabiliy or he Deained Fasrack has been ound o be overly simplisic, fawed and ineecive in ideniying gender-relaed cases.95

Failure o claim asylum a he earlies opporuniy couns agains he asylum-seeker, wihhe UKBA being quick o consider such claims as lae or opporunisic and suiable or heDeained Fas rack.96While some people claim asylum a he poin o arrival in he UK,ohers spend monhs or even years here beore making an asylum claim. Some ake proaciveseps o regularise heir saus whereas ohers may only claim asylum once hey are pickedup by he UKBA. However, here is no basis or assuming ha all lae asylum claims areunounded. orure vicims and vulnerable individuals requenly claim asylum lae, oendue o lack o awareness o he righ o asylum, or ear ha hey will auomaically be senback o heir counry o origin. Te diculies o eecive screening mean ha i is no inpracice possible o disinguish sraighorward claims and he laeness o a claim is no reliableindicaor ha i will be unounded.

Tose who have spen several years in he UK may also have amilies here, adding a urherdimension o complexiy o heir case whaever he naure o heir asylum claim.

Everybody that come rom Nigeria they put them on ast track and that is not air. Look

at their cases, dont just push them on ast track. There is no way you can judge a case

that is genuine when you are trying to push that person out in under two weeks. Eleven

years in this country, I have got a wie and a daughter and you are not acknowledging

it at all. I you acknowledge those things you cannot deal with my case in ourteen days.

John A, rom Nigeria

Nope, I still to this day dont understand it. There will be people on ast track, and people

not on ast track, but there seems to be no system and I am bafed. There seems to be no

xed rules or deciding who is on it, I was categorised and didnt understand why. I tried

to compare my case with similar cases o people who were not on ast track, but I still do

not understand how they decide who to put on it. Alex, rom Ivory Coast


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33A N U N N E C E S S A R Y U S E O F D E T E N T I O N

An unnecessary use of detention

The Detained Fast Track has become even less necessary than when rst

introduced, as the UKBA is able to process asylum claims almost as quickly

in the community. The UK and other governments are increasingly ndingthat systems which allow asylum-seekers to actively engage with decision-

makers are cheaper and more eective than an exclusive reliance on

detention and enorcement. The Detained Fast Track is not a necessary part

o the asylum system but distorts the UKBAs existing policy on detention.

New asylum-seekers can be detained when they meet none o the normal

criteria or detention.

Asylum processes in the community

Te Deained Fas rack was inroduced o enable some asylum claims o be processedquickly, a a ime o exensive delays and epic backlogs. Te European Cour o HumanRighs acceped ha, given he dicul adminisraive problems wih which he UniedKingdom was conroned during he period in quesion, wih an escalaing fow o hugenumbers o asylum-seekers... i was no incompaible wih Aricle 5 1() o he Conveniono deain he applican or seven days in suiable condiions o enable his claim o asylum obe processed speedily.97 Ye he argumen ha speedyprocessing o asylum claims is only possible hroughhe use o deenion is becoming increasingly unenable.

Te New Asylum Model (NAM), inroduced in

2007, has dramaically reduced he ime i akes orhe UKBA o make iniial decisions and or cases o beresolved. NAM involves he allocaion o every newasylum case o a designaed case owner wihin heUKBA, who in heory is responsible or all decisionsand communicaion unil he applican is graned leaveo remain or removed. Te Immigraion Miniser Da-mian Green has described progress owards an asylumsysem wih swier case conclusions and no backlogs,delivered a signicanly lower cos o he axpayer.98

Under NAM, 53% o all cases have been concludedwihin six monhs since May 2010.99 In one pilo pro-jec in Yorkshire and Humberside, asylum-seekers areinerviewed ve days aer heir arrival in he region, inconras o asylum-seekers on he Deained Fas rackwho are inerviewed on average wo weeks aer heirdeenion.100 While such speed is problemaic in ermso access o legal advice, i demonsraes ha deenionis no a precondiion o as processing.

Such is he progress o he NAM in reducing delays,

ha speed is no longer he governmens overwhelm-Badhaga Bgonga: Waiting in Vain


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ing prioriy or urher improvemens. Te Miniser has recognised he need or he AsylumImprovemen Projec, announced in July 2010, o speed up he processing o applicaionswhile improving he qualiy o decision-making.101 While he Miniser expeced ha he vasmajoriy o cases would be concluded well wihin six monhs, he 90% arge inroduced by heprevious governmen has been scrapped. Reugee organisaions have welcomed he removal ohe arge and emphasised ha much sill needs o be done o improve he qualiy o decisionson NAM.102

Te UKBA has developed wo imporan iniiaives ha improve he qualiy o he asylumprocess by enabling asylum-seekers o engage beter wih i. Te Early Legal Advice Projec(ELAP) was launched in November 2010 in he Midlands and Eas region or 16% o newasylum claims. Te projec aims o es wheher he provision o legal advice o asylum-seekers a an earlier sage in he process ges more cases righ rs ime. I also aims o ideniyhose who are in need o proecion earlier, manage public unds eecively, and increasecondence in he asylum sysem.103 An asylum-seeker on ELAP sees heir legal represenaivewo or hree days aer he asylum applicaion is lodged. Te subsanive inerview akes placeaer 14 days, during which ime he asylum-seeker is likely o mee heir legal represenaivea leas hree imes. Legal advisors discuss he claim wih he decision-maker beore an iniial

decision is aken, o ensure ha all maerial acs and evidence are available.Te iniial pilo o he ELAP in Solihull in 2007-08 generaed signican evidence o

improved decision-making, wih a 73% higher iniial gran rae o reugee saus and a 50%lower successul appeal rae.104 Te independen evaluaion ound ha ewer asylum-seekersabsconded due o closer conac managemen.105 58% o cases were concluded wihin sixmonhs.106 Boh UKBA case owners and legal represenaives involved in ELAP also reporedha applicans el more engaged wih heir claim and ha hey seemed o have a beterundersanding o wha was happening a each sage.107 Tis conribued o a signicanlyhigher removal rae, as here was a greaer undersanding and accepance by he applicano he reasons or a negaive decision [and] ha hey had been able o pu heir case ully.108Te independen evaluaion esimaed coss savings o 47,205.50 or every 100 cases, and

Qui Yang Li:Watch Me

Drown


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35A N U N N E C E S S A R Y U S E O F D E T E N T I O N

recommended ha he pilo should become he normal procedure wih a seady andphased inroducion o his procedure o he oher regions.109

Te UKBA is also working closely wih Reugee Acions Key Worker Pilo in Liverpool.Te pilo involves asylum-seekers receiving suppor rom a volunary secor Key Workerhroughou he asylum process in he communiy. I aims o ensure ha heir suppor needs

are me and ha hey ully undersand and paricipae in each sage o he asylum process. Iis hoped ha his suppor will enable asylum-seekers o make beter decisions abou heiruures, wheher ha involves beter inegraion, or evenual reurn, and reduce he emoionaland physical sress associaed wih being in he asylum process.110

Te UKBA has also acceped he need o move away rom a deenion-based sysemo reurns or amilies. Te new amily reurns process recognises he need or improveddialogue wih amilies acing removal, encouraging hem o engage wihhe sysem and make decisions abou he uure. While he UKBA hasno acceped ha a similar process is needed or aduls, he principlesbehind hese developmens should be equally applicable o aduls.

Tese iniiaives are par o a growing inernaional rend away romhe auomaic use o deenion as a ool o migraion conrol, owardssysems ha allow asylum-seekers o live in he communiy and givehem he ime and resources o paricipae acively in he process. TeInernaional Deenion Coaliion has idenied a range o mechanismscurrenly being used by governmens around he world, which ocuson assessing each case and ensuring ha he communiy seting conains he necessarysrucures and condiions ha will bes enable he individual o work owards a resoluiono heir migraion saus wih auhoriies.111 Te mos successul programmes, rom bohgovernmen and welare perspecives, have been hose ha suppor migrans hroughou he

immigraion process wih inormaion and advice o explore all opions o remain in hecounry legally and, i needed, o consider all avenues o depar he counry.112

For example, Ausralia has developed inensive case managemen programmes o suppormigrans hrough he process and owards resoluion o heir cases. Beween March 2006 andJanuary 2009, he compliance rae or hese programmes was 93%. In addiion, 60% o hoseno graned a visa o remain in he counry depared independenly. 113 Te programme cossless han a hird o he cos o deenion.

A distortion of detention policy

I he UKBA insiss ha deenion is necessary o enorce immigraion conrol, i does noollow ha he Deained Fas rack is an essenial componen o his approach. On heconrary, he Deained Fas rack is an excepion o he raionale behind overall deenionpolicy and disors decision-making on which migrans should be deained. Te aboliion ohe Deained Fas rack would no undermine he UKBAs abiliy o use deenion where ijudges i necessary.

Te UKBAs Enorcemen Insrucions and Guidance se ou curren policy on deenion.I quoes he 1998 Whie Paper Fairer, Faser and Firmer A Modern Approach oImmigraion and Asylum as conrming a presumpion in avour o emporary admission orrelease and ha, wherever possible, we would use alernaives o deenion. 114 Te Guidance

ses ou hree crieria or he use o deenion:

A growing

international trend

away rom the

automatic use o

detention


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1. Tere is a presumpion in avour o emporary admission or emporary release here musbe srong grounds or believing ha a person will no comply wih condiions o emporaryadmission or emporary release or deenion o be jusied.

2. All reasonable alernaives o deenion mus be considered beore deenion is auhorised.

3. Each case mus be considered on is individual meris.115

Tese crieria do no apply o asylum-seekers deained on he Deained Fas rack. I islikely ha ew such cases would mee hem. Te decision o place an asylum-seeker on heDeained Fas rack requires no belie ha he person may abscond: indeed, here is muchevidence ha asylum-seekers wih pending claims rarely ail o comply.116 Te UKBA does

no need o believe ha considering he case in he communiy wouldbe unreasonable as he Deained Fas rack exiss or adminisraiveconvenience. Finally, he inadequae inormaion available o heUKBA during he screening process severely limis he individual

consideraion ha is possible as o wheher he person should bedeained.

Te aboliion o he Deained Fas rack would no preven heUKBA rom considering some asylum claims in deenion, where hesecrieria are me and where he UKBA insiss deenion is absoluelynecessary. Indeed, he UKBA already considers some asylum claims

in deenion ouside he Deained Fas rack, usually where he asylum-seeker has nished aprison senence bu heir claim is no considered suiable or he Deained Fas rack. Givenhe speed o decision-making in he NAM, hese claims can be processed quickly ouside heDeained Fas rack.

While he UKBA allocaes 251 deenion spaces o Deained Fas rack in Harmondsworh,here will be nancial and adminisraive pressure o ll hem. As a resul, many asylum-seekers are deained when i is enirely unnecessary. Te Deained Fas rack m

fast track to despair

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