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Immigration: Failed Asylum Seekers

Volume 701: debated on Tuesday 20 May 2008

asked Her Majesty's Government:

Further to the Written Answer by Lord West of Spithead on 12 May (HL3321), whether it conforms with their policy for certain failed asylum seekers to be kept in immigration detention for more than one year while the Home Office obtains emergency travel documents for them. [HL3564]

Whilst there is no fixed time-limit on detention under Immigration Act powers, the UK Border Agency is keen to ensure that detention lasts for no longer than is necessary.

Individuals are detained only for as long as is reasonably necessary to achieve the purpose for which detention was authorised. What constitutes a reasonable length of detention will vary from case to case depending on the particular circumstances of each case. The actions of detained individuals, including failure to co-operate with redocumentation, may sometimes prolong their detention.

Detention is reviewed on a regular basis, at successively higher levels within the UK Border Agency, to ensure that persons remain in detention only for as long as it continues to be justified.