Asylum: Detainees

Home Office written question – answered on 22nd March 2018.

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Photo of David Lammy David Lammy Labour, Tottenham

To ask the Secretary of State for the Home Department, pursuant to the Answer of 12 March 2018 to Question 131413, what assessment she has made of the legality of threats of expedited deportation and the compatibility of such threats with human rights and immigration law.

Photo of David Lammy David Lammy Labour, Tottenham

To ask the Secretary of State for the Home Department, pursuant to the Answer of 12 March 2018 to Question 131413, whether her Department requested legal advice on the legality of threatening accelerated deportation to detainees on hunger strike in immigration detention centres.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

We do not consider that the letter issued to individuals in immigration detention who have refused foods or fluids contravenes human rights obligations or immigration law. The letter in question is part of guidance which was cleared by Home Office lawyers and published in October 2017.

The approach taken in the letter accurately reflects the fact that, in the interests of health and wellbeing, the most appropriate way in which to respond to some cases of refusal to take food or fluids is to prioritise the consideration of the individual’s case including, if appropriate, their removal from detention and the UK, whilst ensuring that the case is processed fairly.

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