The Hostile Environment & Immigration Detention
There has been a number of references to the UK Government’s “hostile approach” to immigration in the UK. Since Christmas 2018, we have had a number of new enquiries come in from friends and family of loved ones who have been detained by the Home Office - UKVI.
The law is very clear with respect to who can and cannot be detained. Those with no leave to remain in the United Kingdom are liable to be detained and removed from the United Kingdom.
There are currently 10 immigration removal centres in the United Kingdom, which can hold up to 3000 people at any one time. The majority of those who populate the detention centres are men, however Yarl’s Wood Immigration Removal Centre in Bedfordshire is one of the only detention centres, which holds women.
Those without valid leave to remain in the United Kingdom, or those whose hopes of remaining in the United Kingdom are on the decision of an application submitted to the Home Office, live in fear of detention and removal from the United Kingdom.
Since September 2014 an average of over 10,000 people a year have been forcibly returned. The Home Office can forcibly remove the following types of people from the UK:
(i) Enter, or attempt to enter, the UK illegally (including people entering clandestinely and by means of deception on entry)
(ii) Overstay their period of legal right to remain in the UK
(iii) Breach their conditions of leave
(iv) Are subject to deportation action: for example, due to a serious criminal conviction
(v) Have been refused asylum and further representations remain outstanding.
The Home Office promote also voluntary removal, a process whereby a person returns to their home country voluntarily. It is claimed that the Voluntary Departure route is as a consequence of the ‘hostile environment’ created for migrants in the United Kingdom. This approach was introduced by current UK Prime Minister, Ms Theresa May who at the time was the Secretary of State for the Home Department. The purpose of the “Hostile Environment” was to simply make the life of those without permission/leave to remain in the United Kingdom so difficult that they would feel compelled to leave the UK.
The approach was implemented into law via the Immigration Acts of 2014 and 2016 which prevented individuals from accessing employment, healthcare, housing, education, banking or any other necessities one would imagine they require to enjoy a form of Private Life in the United Kingdom. Campaigners have argued that the deprivation of these rights and access to them are a breach of a person’s Human Rights.
In a recent decision heard in the High Court in London, it was decided that the “right to rent checks” introduced by the UK government amounted to a breach of their Human Rights..
The Story of a victim of the Hostile environment
Ikram Ullah worked in the United Kingdom and paid all his taxes in the United Kingdom for a decade. He lived with his wife and two young children in a 3-bedroom house in London. Ikram Ullah owned his own business selling cars and was generating an income that was sufficient to support himself and his family. However their lives were thrown into turmoil by the Home Office.
In 2018, Ikram’s application for Indefinite Leave to Remain was refused because of a minor amendment to his tax records, which as stated by MP Stephen Timms from the Labour Party, is a practice carried out by thousands of people a year.
The misfortune of Ikram did not end with the refusal. Mr Ikram, his wife and 2 young children were forced to move into a one bedroom flat as he could not afford the rent. He was forced to sell their belongings so they could afford to buy food, and the children are not going to see their local GP for there medical illnesses because of a large medical bill which has been imposed on the family as the Home Office have stated that they are not entitled to free medical care.
Mr Ikram has challenged the Home Office decision to refuse his application, and is confident that the court will overturn a decision made by the Home Office, which is based on a section of immigration law designed to remove people who pose a threat to national security.
What Should You Do?
Mr Ikram's case is however the tip of the iceberg. There are many individuals and families struggling in the United Kingdom who have been are within the hostile environment the government has implemented.
Our Immigration Lawyers have helped many individuals who have faced hardships because of the hostile environment implemented by the government. We have helped countless individuals who have been detained and successfully convinced the Home Office to release them.
We have also battled successfully to reverse decisions made by the Home Office.
If you have been a victim of a decision which you believe is unduly harsh, do not have valid leave to remain in the United Kingdom and simply wish to discuss your options or have a friend or family member who is detained, please get in touch and our solicitors will stand and fight your immigration battle with you.
The law is very clear with respect to who can and cannot be detained. Those with no leave to remain in the United Kingdom are liable to be detained and removed from the United Kingdom.
There are currently 10 immigration removal centres in the United Kingdom, which can hold up to 3000 people at any one time. The majority of those who populate the detention centres are men, however Yarl’s Wood Immigration Removal Centre in Bedfordshire is one of the only detention centres, which holds women.
Those without valid leave to remain in the United Kingdom, or those whose hopes of remaining in the United Kingdom are on the decision of an application submitted to the Home Office, live in fear of detention and removal from the United Kingdom.
Since September 2014 an average of over 10,000 people a year have been forcibly returned. The Home Office can forcibly remove the following types of people from the UK:
(i) Enter, or attempt to enter, the UK illegally (including people entering clandestinely and by means of deception on entry)
(ii) Overstay their period of legal right to remain in the UK
(iii) Breach their conditions of leave
(iv) Are subject to deportation action: for example, due to a serious criminal conviction
(v) Have been refused asylum and further representations remain outstanding.
The Home Office promote also voluntary removal, a process whereby a person returns to their home country voluntarily. It is claimed that the Voluntary Departure route is as a consequence of the ‘hostile environment’ created for migrants in the United Kingdom. This approach was introduced by current UK Prime Minister, Ms Theresa May who at the time was the Secretary of State for the Home Department. The purpose of the “Hostile Environment” was to simply make the life of those without permission/leave to remain in the United Kingdom so difficult that they would feel compelled to leave the UK.
The approach was implemented into law via the Immigration Acts of 2014 and 2016 which prevented individuals from accessing employment, healthcare, housing, education, banking or any other necessities one would imagine they require to enjoy a form of Private Life in the United Kingdom. Campaigners have argued that the deprivation of these rights and access to them are a breach of a person’s Human Rights.
In a recent decision heard in the High Court in London, it was decided that the “right to rent checks” introduced by the UK government amounted to a breach of their Human Rights..
The Story of a victim of the Hostile environment
Ikram Ullah worked in the United Kingdom and paid all his taxes in the United Kingdom for a decade. He lived with his wife and two young children in a 3-bedroom house in London. Ikram Ullah owned his own business selling cars and was generating an income that was sufficient to support himself and his family. However their lives were thrown into turmoil by the Home Office.
In 2018, Ikram’s application for Indefinite Leave to Remain was refused because of a minor amendment to his tax records, which as stated by MP Stephen Timms from the Labour Party, is a practice carried out by thousands of people a year.
The misfortune of Ikram did not end with the refusal. Mr Ikram, his wife and 2 young children were forced to move into a one bedroom flat as he could not afford the rent. He was forced to sell their belongings so they could afford to buy food, and the children are not going to see their local GP for there medical illnesses because of a large medical bill which has been imposed on the family as the Home Office have stated that they are not entitled to free medical care.
Mr Ikram has challenged the Home Office decision to refuse his application, and is confident that the court will overturn a decision made by the Home Office, which is based on a section of immigration law designed to remove people who pose a threat to national security.
What Should You Do?
Mr Ikram's case is however the tip of the iceberg. There are many individuals and families struggling in the United Kingdom who have been are within the hostile environment the government has implemented.
Our Immigration Lawyers have helped many individuals who have faced hardships because of the hostile environment implemented by the government. We have helped countless individuals who have been detained and successfully convinced the Home Office to release them.
We have also battled successfully to reverse decisions made by the Home Office.
If you have been a victim of a decision which you believe is unduly harsh, do not have valid leave to remain in the United Kingdom and simply wish to discuss your options or have a friend or family member who is detained, please get in touch and our solicitors will stand and fight your immigration battle with you.
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