UK asylum seeker controls 'risk breaching human rights'

Published by Jon Land for 24dash.com in Communities and also in Central Government

Plans to step up controls on asylum-seekers and immigrants entering the UK risk breaching their human rights, Europe's human rights watchdog warned in a report published today.

The Council of Europe expressed concern about the impact of new fast-track processing procedures, and urged UK immigration authorities to consider "drastically limiting" the policy of "administrative detention" of migrants.

The Council's Commissioner for Human Rights, Thomas Hammarberg, headed delegations to inspect UK immigration centres in February and April this year, including the Colnbrook and Yarl's Wood Immigration Removal Centres. He also talked to NGOs, and "state authorities" including Home Office Minister Liam Byrne.

Today's resulting report, the first of three, declared:  "Improvements must be introduced to strengthen effective respect for the rights of asylum-seekers and immigrants in the UK.

"The UK authorities should consider regulating the so-called 'Detained Fast Track' by introducing special legislation fully in compliance with the standards laid down by the European Convention on Human Rights.

"This type of detention should in particular be forbidden for vulnerable persons, such as unaccompanied minors, for whom alternative measures should be provided."

Mr Hammarberg praised efforts in the UK to improve asylum system efficiency, but says he is concerned about dangers for human rights might result because of the complexities of refugee law and protection.

Reductions in legal aid were another concern, and Mr Hammarberg emphasised that asylum seekers should be kept in reception centres, and not in detention or removal centres.

The report stated: "The Commissioner is fully cognisant of the migration flow pressure exerted on the UK, similar to other Council of Europe member states. This complex, international and social phenomenon must be dealt with in a manner which is not only efficient but also effectively respects human rights principles.

"The Commissioner commends the Home Office practice of keeping and publishing detailed statistics on persons detained under Immigration Act powers and on the length of children's detention.

"It is recommended that length of detention statistics be kept and published with regard to all adult detainees."

The report also cautioned against plans by the Home Office's UK Borders Agency to expand immigration detention facilities which, Mr Hammarberg said, was likely to increase the practice of "administrative detention".

The report added: "The Commissioner urges the UK authorities to consider the possibility of drastically limiting the practice of administrative detention of migrants, one problematic aspect of which is the high degree of discretion and broad powers of the immigration officers"

Mr Hammarberg recommended a maximum time limit for detentions be introduced into domestic law, while immigration staff should be subject to "on-going education" in human rights protection.

He also voiced concern about the welfare of migrant children during vetting, insisting: "Further efforts are also needed to provide alternative solutions to detention for families and children."

The Home Office should also provide refuge for ethnic Tamils from Sri Lanka, added the report "as long as there are real risks for their life in case of forced return."

And Mr Hammarberg strongly criticised the general UK practice of forced returns on the basis of diplomatic assurances, usually sought from countries which the report said had long-standing, proven records of torture and ill-treatment.

"Freedom from torture and ill-treatment is a fundamental pillar of European societies," he said.

"It is absolutely crucial that the (UK) authorities respect this principle and ensure effective protection of the returnees' safety and dignity, also by monitoring their reception in the country of origin."