APPENDIX 8
Memorandum submitted by AVID (Association
of Visitors to Immigration Detainees)
AVID (Association of Visitors to Immigration
Detainees) is a registered charity that supports its membership
of Visitor Groups and visitors to immigration detainees throughout
the United Kingdom. Since our foundation in 1994, we have contributed
to various Home Office consultations and continue to do so through
the Detention User Group, using the collective experience, evidence
and information from visitors.
1. WHAT ARE
THE MOST
EFFECTIVE AND
HUMANE METHODS
OF REMOVAL?
Anxiety and uncertainty about procedures, legal
status, loss of belongings and their personal matters, lead to
heightening of stress which, inevitably, can make the physical
act of Removal difficult. Our recommendations are based on evidence
given to us by detainees and those who visit them.
Recommendation
To allow time for personal affairs to be properly
completed which includes outstanding financial matters, domestic
and legal arrangements.
Have in place an independent Welfare Officer
to ensure that personal matters are completed prior to Removal.
The Welfare Officer to ensure their personal
belongings are physically with them at point of departure.
1.2 There is a need for the removal procedure
to be clearly explained.
Recommendation
On arrival in detention, in order to help minimise
the stress, a clear explanation of their legal status and rights
should be given.
1.3 A binding legal obligation should be
in place to check that all legal proceedings have been correctly
completed.
Recommendation
The Immigration Contract Monitor should be obliged
to make the appropriate checks in good time.
1.4 The physical removal of a detainee can
be very difficult, sometimes requiring physical restraint. Anxiety
about how they will be received in their country of origin is
a major factor that may affect their mental state.
Recommendations
Where indicated, an assessment of psychological
and medical factors to ensure they are fit to travel should be
carried out prior to Removal, making sure that prescribed medication
has been given to them.
An independent monitor at airports to have oversight
of the Removal Procedure eg UN official.
All staff effecting removals and escorts should
be appropriately trained to handle the trauma of being removed
with dignity and sensitivity.
In cases of prosecution for assault by escorts,
no removal procedure should be enforced until the matter has been
resolved.
1.5 Detainees have fears about return to
country of origin, particularly if their documents are not in
their possession; instances of arrest and imprisonment are well
documented in these circumstances.
Recommendation
Detainees should be allowed the rightful possession
of their own legal documents prior to landing and these documents
should not be marked in any way to show that they were seeking
asylum.
1.6 In some cases detainees arrive with
nothing and leave with nothing.
Recommendation
In cases of destitution, some form of care package
should be provided. eg possibly through a non-governmental organisation
wishing to make some financial provision.
1.7 Problems of accessing resettlement programmes
from detention.
Recommendation
To ensure that detainees who are entitled to
access resettlement programmes, either through the United Nations
or "Choices" (Voluntary Returns Project) are not excluded
by being held in a Removal Centre.
2. WHAT ARE
THE CONSTRAINTS
ON REMOVAL
TO SPECIFIC
COUNTRIES?
Every effort should be made by the Immigration
Service to check the viability of returning a detainee to specific
countries, especially where repatriation is known to be difficult.
Our recommendations include steps that could be taken in this
country to remain alert to the existing problems.
2.1 Outright refusal of some countries to
accept back their own nationals.
Recommendation
These people should not languish in Removal
Centres and Prisons but be given either Exceptional Leave to Remain
or Temporary Admission with hard case support.
2.2 In some countries, repatriation is followed
by imprisonment if the cost of the air fare is not met by the
former detainee, on the grounds that reimbursement has to be made
by the country to which they are being returned.
Recommendation
Research into reception conditions in countries
of origin to ensure probity and safety.
2.3 Up to date in-country information needs
to be taken into account.
Recommendation
To refer to informed organizations to enable
the Immigration Service to obtain accurate information on which
to base decisions about return to countries of origin.
To ensure that a Cessation Clause has been announced
by the United Nations in respect of areas of conflict.
3. WHAT COMPASSIONATE
FACTORS SHOULD
BE TAKEN
INTO ACCOUNT?
The most convincing way of establishing such
grounds are for compassionate factors to be assessed on an individual
basis.
3.1 Families with established roots, especially
with children born in this country.
3.2 Where specified and prescribed medical
and/or psychiatric treatments are not available in the country
to which they are to be removed.
3.3 In certain circumstances with regard
to cultural differences, there are strong indications against
Removal eg a Nigerian single mother with children, brought up
in the UK and who have never lived in Nigeria, and who would be
unable to support them on return. Cultural differences for the
children would be extreme.
October 2002
| 
