WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
February 01 2023
WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO

Home secretary acted against legal advice in detaining asylum seekers

Home secretary acted against legal advice in detaining asylum seekers

Pic: Patrick Maguire
Red Cell: Patrick Maguire from Proof magazine, issue 4

Suella Braverman is accused of possibly illegally detaining more than 2,600 migrants. The Home Secretary, ignoring legal advice, is keeping asylum seekers in overcrowded processing centers for too long. Braverman was informed of disastrous conditions in Manston, where migrants were held for more than four weeks, breaking current UK migrant law.

Independent Chief Inspector of Borders and Immigration David Neal scrutinized the ‘wretched conditions’ of migrant centers. Sources told the Times that the Home Secretary has allegedly chosen, in deliberation, to hold off signing on alternative accommodations for migrants, cutting down on the £6.8 million bill the government was facing to house asylum seekers. This comes after the backlog of processing asylum claims surpassed a worrying 100,000.

This leads to a massive backlog in those that get to migrant centres, who are then supposed to be processed and released within 24 hours by law. By refusing to sign off on bail or pay for accommodation, the Home Secretary has effectively illegally detained a large number of people. A government source claims that ‘there is no legal grounds for [the migrants] to be detained’ and that the government is effectively at an impasse because they are not able to ‘release people without Suella releasing the money.’ The standstill has reportedly been ongoing for more than three weeks according to government sources.

On the issue, a government source told The National on Sunday that this would likely cause the government to be judicially reviewed, alongside facing a potential class action lawsuit, costing taxpayers millions in litigation fees. Government servants have also allegedly warned the Home Secretary that if this becomes a legal challenge, it is likely the Home Office would lose the case, and a public inquiry would be made.

The government’s approach to asylum issues is causing increasing concern. One of these centres was petrol-bombed yesterday, prompting a call for politicians to abstain from using ‘anti-immigrant rhetoric’. Ministers’ ‘shocking and divisive’ views on asylum seekers might be a factor in the recent escalation in hate on social media, along with the attack, said Clare Moseley, founder of the Care4Calais campaign.