Immigrants: Caribbean

Home Office written question – answered on 18th July 2018.

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Photo of Harriet Harman Harriet Harman Chair, Human Rights (Joint Committee)

To ask the Secretary of State for the Home Department, under what statute people of the Windrush generation were detained.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

Immigration detention decisions are made under powers in Schedules 2 and 3 to the Immigration Act 1971, section 62 of the Nationality, Immigration and Asylum Act 2002 or section 36 of the UK Borders Act 2007.

All decisions to detain are taken on the basis of a careful consideration of the individual circumstances of the case in question. Published Home Office policy is clear that there is a presumption in favour of liberty. Where a person is detained for the purpose of removal there must be a realistic prospect of removal within a reasonable period of time.

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