Background to the Research

• The Law Centre had been providing legal representation to asylum seekers since the 1980s, and was becoming increasingly concerned at the growing number being held in prison for lengthy periods. Concern about the situation of asylum seekers in Northern Ireland was also expressed during parliamentary debates on the 1999 Immigration and Asylum Act. In response to this, the Home Office and the Northern Ireland Prison Office announced that they would carry out a joint review of the immigration detention policy in Northern Ireland. The Law Centre's report, 'Sanctuary in a cell', contributes to the debate on the detention of asylum seekers in Northern Ireland.
• The 1999 White Paper on immigration and asylum set out a conception of immigration policy based on the twin objectives of firm and effective enforcement of immigration control and compliance with international human rights standards. The report therefore seeks to analyse the use of detention in Northern Ireland in the light of the twin aims of human rights compliance and enforcement of immigration control. After setting out the legal and factual context within which immigration detention takes place, the report summarises the provisions of international human rights law against which the exercise of detention powers must be assessed. It then moves on to analyse the use of detention in 52 core cases in terms both of compliance with human rights and equality standards and of effectiveness in securing removal where the asylum application was unsuccessful. It examines who was detained, in what circumstances, the reasons for detention, and how detention was brought to an end. The second part of the report looks at the location and conditions of detention, and makes a number of recommendations based on international human rights and equality standards and guidance issued by the Chief Inspector and others.
  

Research Approach

• The report examines the cases of the 75 individuals detained in prison under immigration legislation in Northern Ireland during the period between 1 January 1999 and 30 June 2000, focusing on a core group of 52 asylum cases in which the Law Centre provided advice or representation.
  

Main Findings

• 75 asylum seekers were detained in prison during the eighteen month period covered by the report. Thirteen were women, held at HMP Maghaberry, and 62 were men, detained at HMP Magilligan.
• Of the total number held, five were already detained on 1 January 1999, 37 were first detained during 1999, and 33 were first detained between 1 January 2000 and 30 June 2000.
• The average period of detention was 35.8 days, with overall length of detention ranging from 1 to 235 days.
• Nineteen nationalities were represented, with Romanian, Nigerian and Chinese detainees together forming 66% of the total number.
• In the 52 cases analysed, the majority of those held were first detained whilst travelling to Northern Ireland from other parts of the UK. 67% were detained upon disembarking ferries from Stranraer to Belfast, leading to concerns that unoffical internal immigration checks are being conducted.
• In all 52 cases, the individual concerned had sought or wished to seek aslyum in the UK or the Republic of Ireland, with 37% having already applied in the UK at the time of initial detention, and 25% with applications pending in the Republic.
• One of the most striking aspects of the statistics was the very small number of cases (8%) in which detention led to the aslyum seeker's enforced removal.
• A major concern was the high number of aslyum seekers (27%) who opted to withdraw their aslyum claims and return to their country of origin, leading to concern that detention in prison conditions is inhibiting access to aslyum determination procedures.

Recommendations

• An advisory body on immigration detention in Northern Ireland should be established which would have an ongoing role in co-ordinating the development of appropriate policies and support services.
• The Home Office should be designated as a "public authority" for the purposes of Section 75 of the Northern Ireland Act 1998.
• As a general rule, aslyum seekers should not be detained. Detention should only be resorted to in cases of necessity and in accordance with the guidelines issued by the UN High Commissioners for Refugees. Detention should always be for the shortest possible period.
• Non-custodial alternatives should be developed which permit close supervision of aslyum seekers where necessary, for example through the use of residence conditions and reporting conditions. In particular, an open accommodation centre should be developed in Belfast, linked to a full range of community support and welfare services, at which aslyum seekers thought to be at particular risk of failing to maintain contact may be required to reside. Aslyum seekers should not be detained in prison, and in particular should never be detained with sentenced prisoners.