No-Deportations - Residence Papers for All

                                        News & Views Monday 16th June to Sunday 22nd June 2014

47 Charter Flights Removed 2,463 Migrants April 2013/March 2014

'No-Deportations' asked for information regarding Home Office charter flights which remove individuals from the UK who no longer have a legal right to remain (covering the financial year April 2013 to March 2014).

Immigration Enforcement response: The answers to your questions fall to be dealt with under the Freedom of Information Act 2000 I will answer your questions in order.

How many Charter Flights were there? - 47

What were the destination countries? - Afghanistan, Pakistan, Nigeria, Ghana, Jordan, Suriname, Kosovo and Albania.

How many returnees were: Males - 2,290 - Females - 173 - Children - 0

What was the total cost? The total cost was £12,664,191.98. It should be noted that 50% of these costs are covered by the European Union.

Jan, R (on the application of) v SSHD ((section 10 removal)
1. In assessing whether there is a proper basis for a challenge to a decision to remove an applicant, as a matter of general principle a decision will not be unlawful simply on the basis that there has been a failure expressly to explain why other options were not followed. However, there may be cases when an issue is raised before the decision is made relating to the course to be followed or to a particular mitigating circumstances relating to the applicant where that should be expressly considered in the decision.

2. A statutory appeal exercisable out of country is regarded by Parliament as an adequate safeguard for those who are removed under s.10 of the Immigration and Asylum Act and in the absence of special or exceptional factors judicial review is not the appropriate remedy: R (on the application of Lim v Secretary of State for the Home Department [2007] EWCA Civ 773 ; R Nepal v Secretary of State for the Home Department [2009] EWCA Civ 359.

3. The First-tier Tribunal has jurisdiction to consider issues of procedural fairness and the lawfulness of the exercise of discretion when deciding to make a removal decision under the ground of appeal permitting a challenge on the basis that the decision is "otherwise not in accordance with the law".

44. For these reasons, there is, in our judgment, no proper basis for a challenge by judicial review to the respondent's decision to make a removal decision in the circumstances of this case. This application is accordingly dismissed. Subject to any further submissions there appears to be no reason why the applicant should not pay the respondent's costs on the standard basis to be assessed if not agreed.
Full judgement <> here . . . .

Self-Harm in Immigration Detention Jan/Feb/March Q1/2014

Overall there were 61 suicide attempts, 3 more than the previous quarter.

577 detainees were put on suicide watch up 32% on the previous quarter.

Yarl's Wood IRC had 10 attempted suicides 2 less than the previous quarter, but the number on suicide watch rose to 112, 35 more than the previous quarter and there was one fatality (not self-harm).

[UKBA have again refused to release data on detainees 'Medically unfit to be detained]


'No-Deportations asked UKBA for figures on self-harm in immigration detention between January /February/March 2014 inclusive, under the following headings:

1. Number of individuals on formal self-harm at risk.

2. Number of Incidents of self-harm requiring medical treatment.

3. Number of deaths if any.

In Campsfield House, Brook House, Colnbrook, Dover, Dungavel, Harmondsworth, Haslar, Morton Hall, Tinsley House, Yarl's Wood IRCs, any Short Term Hold Centres and Cedars pre-departure accommodation and The Verne if operational.

UKBA replied: The data requested on self-harm in Immigration Removal Centres, Short-Term Holding Facilities (STHFs) and Cedars pre-departure accommodation is detailed in the tables below; it is based on management information only and has not been subject to the detailed checks that apply for National Statistics publications. These figures are provisional and are subject to change.

The Verne is not operational as a IRC at present.

There has been one death at Yarl's Wood IRC during this period. The death will be the subject of a Coroner's Inquest

Number of Incidents of Self-Harm Requiring Medical Treatment January Through March - 2014
Total Jan Feb Mar
Quarter 1
Brook House 20 5 9 6
Campsfield House 0 0 0 0
Colnbrook 2 1 1 0
Dover 2 1 1 0
Dungavel 0 0 0 0
Harmondsworth 10 1 3 6
Haslar 1 0 0 1
Morton Hall 7 1 3 3
Tinsley House 7 0 6 1
Yarl's Wood 10 2 5 3
Larne 2 0 0 2
Pennine House 0 0 0 0
Cedars 0 0 0 0
Subtotal   Q1  - 61


Individuals on Formal Self-Harm at Risk in Immigration Detention January Through March- 2014
Total Jan Feb Mar
Brook House 102 33 38 31
Campsfield House 21 10 4 7
Colnbrook 71 22 28 21
Dover 33 9 11 13
Dungavel 30 12 9 9
Harmondsworth 98 38 30 30
Haslar 15 3 7 5
Morton Hall 51 17 14 20
Tinsley House 36 9 12 15
Yarl's Wood 112 40 37 35
Larne 3 1 0 2
Pennine House 4 3 1 0
Cedars Pre-departure 1 1 0 0
Subtotal     Q1 - 577

£5 Damages For 11 Months Unlawful Detention
Accordingly, whilst his imprisonment between 23 October 2007 and 9 September 2008 was unlawful, he is entitled to only nominal damages since he sustained no compensable loss. I would set those damages at £5. The Claimant's challenge to the remainder of the first period of detention and to the second period of detention is dismissed.
Cente Sheikh Noor Mohammed, R (on the application of) v SSHD

UNHCR Position on Forced Returns to Southern/Central Somalia
9. Under the present circumstances, UNHCR urges States to refrain from forcibly returning any persons to areas of Southern and Central Somalia that are affected by military action and/or ensuing displacement, remain fragile and insecure after recent military action, or remain under control of non-State groups. For Somalis from these areas, eligibility for international refugee protection under the 1951 Convention and in the African Union, under the 1969 OAU Convention12 should be considered; many of them are likely to meet the criteria for refugee status under one or both of these Conventions.13 General non-refoulement obligations under international human rights law may also be engaged in the context of forcible return of Somalis to Southern and Central Somalia.
Published on Refworld, <> 17/06/14

Early Day Motion 99: High Court Judgment On Asylum Support
That this House notes the High Court judgment of 9 April 2014 (Refugee Action v Secretary of State for the Home Department) which states that the Government's assessment of the amount needed by asylum seekers to meet their essential living needs is flawed and further notes the Government's decision not to appeal this ruling; is concerned as stated in the judgment, that asylum support rates have not been increased since April 2011 and that the majority of those on asylum support receive just £5.23 a day to pay for essentials such as food, clothing and toiletries; further notes that asylum seekers spend an average of 18 months on this support and are almost never allowed to work; believes this is detrimental to the well-being of refugees including children; is particularly concerned that children aged 16 and 17 years are treated as adults for the purposes of asylum support making it difficult to participate fully in education; and calls on the Government to raise asylum support rates to at least 70 per cent of income support - the equivalent of £7.17 a day for most adult asylum seekers - and to increase this in line with inflation annually.

Sponsors: Pearce, Teresa / Teather, Sarah / Stunell, Andrew / Bottomley, Peter / Durkan, Mark - House of Commons: <>16.06.2014

Inquest Into the Death of Brian Dalrymple at Colnbrook IRC

Opens 2:00pm Monday 16th June, listed for two weeks
West London Coroners Court, 25 Bagleys Lane, London SW6 2QA
Before Assistant Coroner Jeremy Chipperfield

Brian Christopher Dalrymple, 35 years old, died on 31 July 2011 from a ruptured aorta while in detention at Colnbrook Immigration Removal Centre. Brian was an American citizen and had come to England on holiday from Philadelphia, USA. He suffered from an anxiety disorder and schizophrenia. He arrived in the UK on 14 June 2011 and sought entry as a tourist but was refused entry and was instead detained overnight at Harmondsworth. The following day when he returned to the airport he refused to board the plane and was returned to Harmondsworth. He subsequently stated that he wanted to claim asylum but about two weeks later he withdrew his asylum claim. In his immigration file it was recorded that although he was not documented as having any psychiatric condition he did not give the impression of being completely rational in his thinking.

While still at Harmondsworth a referral was made to Hillingdon hospital as he had dangerously high blood pressure and an enlarged heart. It appears that Brian then discharged himself against advice.

Brian's psychiatric condition began to deteriorate significantly and he was placed in segregation. His behaviour was noted as 'strange' and he was recorded as being incoherent and whispering and muttering to himself. Despite this, staff at Harmondsworth did not explore any possible medical reasons for his deteriorating behaviour.

For reasons that are currently unclear, Brian was then transferred to Colnbrook. He arrived there without his medical records and staff at Colnbrook were not made aware of his recent hospital admission and his current state of health. Staff there did identify that he had mental health problems and made an appointment for him to have a full mental health assessment with a psychiatrist but he died on 31 July 2011 before he had an opportunity to see anyone.

There are 7 properly interested parties in this inquest, including GEO Group UK Ltd, Nestor Primecare Services Ltd, Serco Group PLC, Dr Hamid, The Practice PLC, the Home Office and Hillingdon Hospital NHS Foundation Trust.

Deborah Coles, co-director of INQUEST said: "This is a shocking death of an extremely vulnerable mentally and physically ill man. Serious questions need to be asked about the quality of care he received while being detained by an immigration system that seems totally unfit to safeguard the needs of vulnerable people, and is known to exacerbate mental and physical ill health."

Brian's death is the second death in Colnbrook IRC. The jury at the inquest into the death of Muhammad Shukat who died there on 2 July 2011, 28 days before Brian, concluded that neglect contributed to his death.

INQUEST has been working with the family of Brian Dalrymple since his death. The family is represented by INQUEST Lawyers Group members Jocelyn Cockburn and Lucy Cadd from Hodge Jones and Allen solicitors, and barrister Nick Armstrong from Matrix chambers.


Last updated 21 June, 2014