Overview

This bill aims to reform the UK's immigration detention system, primarily focusing on limiting detention periods, strengthening the right to bail, and clarifying the process for determining vulnerability amongst detainees. It introduces stricter criteria for detention and a more streamlined bail process involving the First-tier Tribunal.

Description

Key Provisions:

The bill limits immigration detention under the Immigration Act 1971, the Nationality, Immigration and Asylum Act 2002, and the UK Borders Act 2007. Detention is permitted only for examination or if the Secretary of State is satisfied that removal is imminent, detention is strictly necessary, and the detention is proportionate. A maximum detention period of 28 days is established, with exceptions for material changes in circumstances. Individuals deemed "vulnerable" cannot be detained. The bill defines a process for determining vulnerability through regulations to be set by the Secretary of State and approved by Parliament within six months of the Act’s passing.

Right to Bail:

The bill introduces a strengthened right to bail. Within 96 hours of detention, the Secretary of State must release the individual, grant bail, or refer the case to the First-tier Tribunal for a bail hearing. This Tribunal must grant bail unless removal is imminent (within 14 days), travel documents are in place, there are no legal barriers to removal, or there are very exceptional circumstances. Relevant documents must be provided to the detainee or their representative within 24 hours of detention.

Government Spending

The bill does not directly specify any government spending figures. However, implementing the changes, particularly those relating to the increased use of the First-tier Tribunal and the establishment of vulnerability criteria, may result in some additional costs for the Home Office and the judicial system. Precise figures would need to be determined following further budgetary analysis.

Groups Affected

This bill will affect:

• Individuals subject to immigration detention: They will benefit from the limitations on detention length, the strengthened right to bail, and the protection afforded to vulnerable individuals.
• The Home Office: The department will need to adjust its procedures to comply with the new regulations, potentially incurring administrative costs.
• The First-tier Tribunal: This body will experience a likely increase in the number of bail hearings it conducts.
• Legal professionals: They may see increased demand for their services as individuals navigate the new procedures.

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