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Detention of Failed Asylum Seekers

By: Louise Smith, barrister - Updated: 22 Jun 2018 | comments*Discuss
Detention Of Failed Asylum Seekers

Failed asylum seekers may sometimes be held in detention until they can be removed from the UK. Detention is not automatic in all cases. There are a limited number of places available in detention centres and it considered by many to be undesirable to hold people in detention unless strictly necessary. In many cases failed asylum seekers will be given temporary leave to stay in the UK until their removal can be arranged.

Dealing With Failed Asylum Seekers

Failed asylum seekers will usually be able to remain in the UK until they have exhausted the appeal process. The case worker who dealt with the application will also oversee the failed asylum seeker’s departure from the UK. The case worker will inform him of any changes to the conditions of his continuing stay in the UK prior to his departure. A failed asylum seeker who might otherwise have remained at liberty could be held in detention if they breach any of these conditions.

The Process for Detention of Failed Asylum Seekers

Once an asylum seeker has received formal notice of the refusal to grant asylum they will usually be required to leave the UK. At any time after this notice has been received a failed asylum seeker may be detained by the immigration authorities without any additional warning. The authorities may also detain any family members of the failed asylum seeker.

Detention Centres

There are currently 10 detention centres around the UK for failed asylum seekers awaiting deportation. The Home Office’s term for these is “immigration removal centres”. Most of these centres are run by private companies; a few are run by Her Majesty’s Prison Service.

The subject of detention centres has been controversial for a number of, sometimes conflicting, reasons. In some communities people have been reluctant to have a detention centre located in their midst because of the perceived dangers associated with having a large number of asylum seekers in the area. Many people object to detention centres as a matter of principal because the failed asylum seekers they house are not necessarily guilty of any crime. There have been allegations of ill-treatment of detainees and some centres have experienced unrest and rioting by their inhabitants.

There are currently approximately 2500 places available in immigration detention centres around the UK. The majority of these places are for single men only. Very few of the detention centres can provide accommodation for women or families. In 2007 alone nearly 17,000 people had their application for asylum refused. It is clear, therefore, that only a small minority of failed asylum seekers can currently be held in detention. The vast majority will be permitted to remain in the community because the government has no other way of dealing with them. This may increase the risk of failed asylum seekers disappearing from the immigration authorities’ view and remaining in the UK indefinitely.

Deportation of Failed Asylum Seekers

The government currently faces a huge backlog of failed asylum seekers who were due to have been deported when their application was refused. Deporting an individual can be a complicated process. Naturally the failed asylum seeker will often be reluctant to cooperate with the authorities. Airlines will refuse to transport individuals whose behaviour is threatening, dangerous or unduly disruptive to other passengers. Deportation may also be delayed if there are concerns about the failed asylum seeker’s welfare if returned to their own country.

The priority for arranging deportations will inevitably be to deport those who are held in detention – both because of the undesirability of detaining people and so that their places can be used by others.

The Fast Track Asylum Process for Those in Detention

As part of its aim to improve the efficiency of the asylum process the UK government intends to increase the number of places available in detention centres to about 4000. This would facilitate an increased use of the so-called fast track asylum process. Asylum seekers may be kept in detention from the moment they claim asylum until their application is decided. Those whose application is unsuccessful could then be more easily and quickly deported.

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I came uk 18 yrs ago. Refused2003. Exhausted 2004. Became homeless jan 2004. Detain 2005. Also given removal order 2005 june 6. Then the flight cancel at heathrow . Given no reason. Released but continue homeless. I have applied for voluntary return for more than one occassion. Applied for stateless but not granted. Refused. Applied 2017 for voluntary depature then again refused. Without further solutions. Home office with decision have no solution. Remain uk homeless
Ssss - 22-Jun-18 @ 10:41 AM
If any one fail asylem seeker voluntarily leave UK can he come back again with any other visa ?
Mahi - 25-Apr-18 @ 1:12 AM
I applied for asylum and got refused. I read the comments and the last person who commented on this Agha mentioned something in his comment very similar to my situation. If he or the admin of this page could kindly pass me his email address or pass them my email address to help me please. Thank you.
Ash - 22-Nov-17 @ 4:50 PM
The deportation of failed asylum seekers may look a pretty interesting news for people who have not undergone the miseries of asylum seeking who do not know how much difficult it is to leave ones own birth place,to leave ones family and friends and try slavishly to get asylum or the mere right to work in another country. Only few know how the asylums process work exactly; the life of an asylum seeker has been placed in the hands of a case worker who has the least knowledge about the nationality of the asylum seeker who depends on his own objective and subjective conditions and knows little about the social and political conditions which exist in other countries. You can be refused if you don't remember the dates or sequence of events which occurred in your life in the span of last ten years.Some people even don't remember what they had in dinner three days ago especially those have been through any agonising,life-threatening and stressful situations how can one remember the dates and days of passed ten years. I know a number of people who were granted asylum for belonging to those countries where they had never been and the real citizens and deserving asylum seekers of those war ridden countries were refused and deported. Moreover, asylum seeking is not a crime against humanity but they are also human beings forced by one or another type of unfavourable circumstances in their home countries to migrate. These failed asylum seekers are faced with living slave-like lives in the U.K. They are exploited by the rogue employees to an extreme level.They are robed by dishonest lawyers and mistreated by landlords. In short, their lives are worse than those animals who live in caves. These modern slaves can become effective weapons for any terrorist group to be subversively used against the state and the society. Most of them have burned their boats before entering this country. If granted amnesty some of them may get confidence to go back to their home countries and may not return if their economic conditions and security situation improve.Those who will stay will contribute to the economy of the Uk by working legally and paying proper taxes. They can be granted conditional amnesty of not having access to any kind of benifts as long as they don't pay taxes for a certain period of time. Such an act of amnesty will absolutely result in an enormous respect for the United Kingdom among the world community.
Agha - 9-Jan-17 @ 5:50 AM
Hi there I do know how can express my feeling?! I'm really fed up with everything in my country.I will never stop,and no can stop me to come to UK even I'm dead.I'm an English teacher I have taught English language for eight years at both high school and institute for developing English language.I have B A of English and language and literature and TEFL Certificate.To cut a long story short I'm ready to take any kind of responsibility. You may get benefit from skills. How can I get visa? I want to come legally .I'm looking for award to hearing a good news.
Nizy - 5-Apr-16 @ 10:20 PM
HOME OFFICE Ministry is not doing enough to tackle increasing migriant coming through french boarders camps i was glad policies authorities recently burnt got bulldozers into callius camp block them should kill someone them, they are ever coming here 55.000 can'nt even seem to get deported again passport chrisis office delays, funding by home office showing on Channel 4 CCTV captures 18th june all black illigial immergrants distroying our britishiness to shop safe without hidden mini digital camera's being sweets, ciggettes lotto stand in london big time blacks distroying our culture turning itno highly criminal BIG BROTHER SOCIETY USA Style they made mistake 1900's wars letting asians, africian's, now romaina romo china blacks all committing the crimes on c4 show even police now have todemand on cctv on their shirts no private life now migration SOFT EU GOV Fault ditch away with the membership of EU SIGN OUT DAILY EXPRESS CRUSADE many times they try to presuede PM Cameron brussels butts in fruaders USA style allowing criminals stay remain in UK Non residents VISA Only entry now on get them out here deportation centres not doing enough supporting flock of criminal blacks distroy living shopping into UNITED KINGDOM investments cost rising taxes
freedom - 19-Jun-14 @ 1:01 PM
pls I was in harmonsworth removal center my asylum was refuse pls l need help pls
ebue - 13-Dec-13 @ 2:03 PM
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