Breaking Barriers for Immigration Detainees

Pro Bono Work with BID: Championing Access to Justice

In the aftermath of Pro Bono week, a week focusing on the pivotal voluntary work undertaken by the UK’s legal profession, we would like to shine a light on the work our pro bono immigration barristers undertake in partnership with Bail for Immigration Detainees (BID). 

In this article, we will look at what immigration detention is and some of the challenges faced by detainees. We will also look at the life-changing work BID undertakes and that our team helps with on a voluntary basis. 

2. Understanding Immigration Detention: Key Facts and Challenges

The Secretary of State has a number of powers assigned to her via different Immigration Acts, particularly the Immigration Act 1971, allowing her to detain anyone subject to immigration control in the UK. There are a few points in the asylum and immigration process when the risk of detention is increased. These include, non-exhaustively: 

• where an individual is entering the UK; 
• where a visa or leave to remain has expired; 
• where an application has been refused and there is no right of appeal in relation to the application; 
• where an individual has breached the conditions attached to their permission to be in the UK, for example, has been working in the UK without permission to do so; 
• where an individual has completed an applicable criminal sentence or sentences; 
• in circumstances not already covered, where an individual is going to be deported from the UK.

Individuals may be held in prison where their immigration detention follows at the end of a criminal sentence, but the vast majority are held in Immigration Removal Centres (IRCs) or, what organisations working in the field prefer to refer to as detention centres. In many cases, individuals do not end up being removed from the UK, instead are released back into the community. Where an individual is in prison and is then subject to immigration powers, they are sometimes detained in prison. 

It is important to note that there is no time limit for immigration detention in the UK and most individuals can be held for an indefinite period of time. Detention can, however, be found to be unlawful in certain circumstances. Individuals can also apply to be released on bail from detention, which is where a significant amount of BID’s work comes in.

3. Vital Pro Bono Role of BID: Advocating for Immigration Detainees

BID is an organisation working to end the use of immigration detention in the UK. The organisation explains the reasons behind its purpose, stating that they “dream of a world free of immigration detention, where people are not deprived of their liberty or deported from their home.” 

In order to achieve its purpose, BID takes a multi-pronged approach which includes: 

• helping individuals access justice by assisting those in immigration detention and their families through the provision of free legal advice;
• conducting research and preparing reports and briefings for the government, Members of Parliament and the wider public in relation to aspects of immigration detention;
• undertaking policy advocacy and, where necessary, undertaking strategic litigation to ensure more fundamental changes occur in relation to the UK’s immigration detention and deportation policies.

The organisation importantly ensures that individuals with lived experience are able to participate in all aspects of their work. BID relies on a team of staff, volunteers and pro bono barristers to aid in the work they do. This encompasses various projects including, for example: 

• Right to Liberty Project, which involves the provision of legal advice and information to those in immigration detention on how they can be released from detention; 
• Separated Families Project, which provides parents in detention with legal advice and representation allowing them to be released and reunited with their children. BID also undertakes policy and research work aimed at ending the practice of separating children from their families through the use of detention;
• Prisons Project, which involves visiting prisons to provide legal advice on bail and release from detention. Cases are also taken on for representation in a similar way to the Right to Liberty Project.

BID also undertakes pro bono work in relation to Article 8 cases where individuals, who have established a private and family life in the UK have been detained and are awaiting deportation.

4. Challenges Faced by Immigration Detainees: Key Issues and Obstacles

Immigration detainees face a number of challenges, most immediately the deprivation of their liberty. The difficulties faced can also differ depending on whether individuals are in IRCs or detained under immigration powers in prison.

In general, apart from the restriction on the individual’s liberty, their detention results in separation from their families and important support networks who can assist them through difficult and complex processes. This often results in significant isolation and mental health difficulties, particularly as individuals can be held for an indefinite period of time and do not know when they will be released. Their families also suffer as a result of the separation. The conditions in detention have also been likened to prison conditions, with individuals being restricted from leaving their rooms/cells. There is further limited access to healthcare and other necessary services.

Whilst in detention, individuals are restricted in their ability to access necessary legal advice and representation, important in aiding them with their release from detention and, separately, in pursuing any immigration avenues to aid in them staying in the UK. In some cases, individuals are going through an appeal or Judicial Review process and are unable to gain effective immigration advice because of their detention. For example, we have seen individuals unable to further their cases as they are not in a position to gather and access important documents. Those detained further have difficulties contacting and communicating with their legal advisors. BID, as part of its research, released a report looking at ‘Legal advice in immigration detention: a 10-year review’ published in 2021, which provides further information on the particular difficulties faced in this area. 

Individuals BID has worked with have detailed their experiences of immigration detention and we have shared a few of their testimonies below: 

• “[Detention] is worse than prison. If you’re in prison, you know you will do your time and go home. In detention, you don’t know what you don’t know when you are gonna go home. It’s a horrible place to be […]” (Adil)
• “For more than six months of my detention, I was kept in solitary confinement, where I was locked in my cell for more than 23 hours a day. For two of those months, I was physically restrained (or “twisted up”, as officers called it) every day, simply for demanding to know when I was getting out. To put that into context, 15 consecutive days of solitary confinement is prohibited under the UN’s so-called “Mandela Rules”, and is considered torture.” (David)
• “The tough thing is this environment. Not being able to go out, to do things, to move on, being locked up. Sometimes it’s not really easy you know, to be honest. Sometimes I find it difficult. But I don’t really know how to explain that. Sometimes it’s like somebody’s suffocating me, like I can’t breathe. Because every time I just look at walls, walls.” (Selina)

5. Richmond Chambers Pro Bono Support for Immigration Detainees

As a team, at Richmond Chambers we are proud to belong to the group of pro bono barristers and pupil barristers working with BID to change the use of immigration detention in the UK.  It has been an honour to be involved in the vital work BID does by presenting bail applications on behalf of BID and the individuals it is assisting in front of the First-tier Tribunal Immigration and Asylum Chamber. A grant of bail, allows for those held in detention centres to be released from detention, with at least one condition attached to their release.

I was excited to start working with BID, given its aims and further to my background working on appeals with Cardiff University’s Innocence Project and Joint Enterprise Not Guilty by Association. These are all organisations which undertake vital pro bono work, assisting marginalised individuals who would not otherwise be able to access legal services and justice. They are each working for a fundamental shift in the manner in which the legal system operates.

Each case has its own different facts and circumstances, however in all of them, there is an individual who is deprived of their liberty, in most cases with no end date in sight and during that period they are separated from their family and community, with limited freedom to progress their life.

In the spirit of access to justice and the fundamental right of every individual to access representation despite their background and circumstances, our team is assigned cases initially without knowledge of who the individual is, the nature of offences and any other information apart from where their hearing will be and on what date. On receiving the case files from BID, our team goes through a process of reviewing the papers, ensuring that we understand the background to the case and the type of hearing that is involved. I have, for example, worked on a number of bail applications and have also been involved in bail review hearings. We are in contact with BID’s incredible caseworkers throughout, seeking clarification as necessary, further evidence and discussing approaches to the hearing. 

One aspect of my preparation that I really enjoy involves speaking directly to the individual about their case. This provides an opportunity for introductions, for me to explain my involvement in the case, get to understand and assuage any concerns the individual might have, and importantly, provides an opportunity for the individual to also share their story with me. In a lot of cases, having someone listen makes a significant difference, especially given the restrictions individuals face in immigration detention and the experiences they often have of the criminal justice and immigration systems, which can tend to marginalise individuals and not give them a voice. We also discuss the nature of the hearing, what to expect, whether they will be required to give evidence and the arguments we will be advancing in their case. 

On the day itself, where possible, I always ensure to meet the individual beforehand so they can put a face to the name and voice and to allow for any last minute discussions before we start presenting the application in front of the judge. Following the hearing, our team, where possible, will meet with the individual to discuss the hearing, the result and the impact of this on the individual. We will also inform BID as to the outcome and any aspects of the hearing that they might need to be aware of, for example, the fact that the judge has commended their work!

It is great to see the difference we are making in individuals’ lives in partnership with BID. In one case, I was able to successfully apply for an individual to be granted bail, allowing them to have the potential to meet their three month old daughter for the first time. I was informed by BID, that on speaking with the individual, following the hearing, he was “very pleased and told [them] that he hasn’t been able to stop smiling.” 

Of course, there is more work to be done in this area. However, BID alongside the work of pro bono barristers, is making important inroads. Richmond Chambers is proud to continue supporting BID with this. Isabella Reynard, barrister at Richmond Chambers has also highlighted her own experiences in assisting BID which can be found in an article on BID’s own website.

6. Getting Involved with BID’s Mission

There are a number of ways you can support BID’s work. BID runs various campaigns, which individuals can be involved in. It is also possible to volunteer with BID in their communications, policy and casework teams, where there are available positions. Beyond these teams, individuals are encouraged to email the organisation and discuss the skills that they can contribute to its pro bono work. It is also possible to fundraise on behalf of BID.

For expert advice and assistance in relation to your immigration matter, contact our  immigration barristers in London on 0203 617 9173 or via the enquiry form below.