What’s just happened?
An investigation into a death at an immigration detention centre has led to a landmark ruling that the current policy is ‘legally deficient’ and should no longer be enforced. [1]
From the controversy surrounding the Windrush scandal to the new points-based immigration system, the UK’s immigration policies have long been under public scrutiny. The new policies and firm line with regards to deportation is part of the government’s new strategy to curb illegal migration and attract the best EU and non-EU citizens, who can make a contribution to this country’s economic growth.[2]
What does this mean?
The UK is a popular destination for many citizens that choose to depart their home countries for work, education, and other personal reasons. In 2019 alone, it is estimated that 612,000[3] people moved to the UK which contributes to 14% of the UK’s population being born outside of the UK. [4]
Immigration can have a positive impact on the economy by increasing the labour force in sectors where workers are in high demand, helping to fund public services through tax contributions, and foreign students being a source of income for Higher Education providers. [5] A report issued by the Migration Advisory Committee revealed in 2018 that immigration has made the UK more productive and prosperous. [6]
Despite the advantages that immigration yields for the economy, there are still concerns of this leading to a decrease in the availability of jobs, more reliance on welfare benefits due to the rise in unemployment, and other social issues such as cultural integration.
In 2019, Oscar Okwurime was one of the thousands of individuals that made the long journey to the UK to call it his new home. However, he was sent to a detention centre where he died two weeks later in his cell. It was reported that Mr. Okwurime had been unwell but not seen by a medical professional. Lucy McKay, a policy and communications officer at the inquest charity stated that there was a ‘dismissive culture’ adopted by detention officers. [7]
She also commented on the ‘complex battle[8]’ to learn the truth about deaths in the detention centres, which is often met by ‘denial, delay and obfuscation[9]’ from the Home Office. This death in particular sparked controversy when the Home office attempted to deport a friend of Mr. Owkurime before he could provide any evidence about the circumstances of his death.
The decision by the immigration court to hold the Home Secretary accountable for the failure to properly investigate detention centre deaths not only represents a form of vindication for the loved ones of Mr. Okwurime. It also represents a wider recognition of the hostility employed in the government’s strategy to dissuade the migration of immigrants that lack the skillset or meet the points-based criteria to settle in this country.
How will this affect the legal sector?
First and foremost, the decision is likely to encourage other families whose loved ones died in detention, to bring forward a judicial review into how they were treated. The courts might find that the public authority has not acted in a manner that is compatible with the HRA 1998 by denying detainees the right to seek medical care. [10]
Moreover, the decision could prompt a public inquiry into the detention policies employed in the UK in which other matters such as time in detention, access to legal advice, or even the physical conditions of detention centres might be investigated. In this instance, leading civil liberties and human rights lawyers would be encouraged to represent individuals that have been unfairly treated in detention.
This is also likely to probe further judicial reviews into unreasonable deportation orders. As a nation that upholds the rule of law as a fundamental principle of the constitution, it is important for accountability to be taken when policies encourage the mistreatment of individuals whilst in the care of public authorities.
Written by Laura Avevor
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References
[1] Dianne Taylor, ‘Priti Patel’s detention policies found to breach human rights rules’, (www.theguardian.com 14 April 2021)< https://www.theguardian.com/uk-news/2021/apr/14/priti-patels-detention-policies-found-to-breach-human-rights-rules> accessed 20 April 2021.
[2] ‘New immigration system: what you need to know’, (www.gov.uk 28 January 2020)< https://www.gov.uk/guidance/new-immigration-system-what-you-need-to-know> accessed 19 April 2021.
[3] ‘Migration Statistics Quarterly Report: August 2019’, (www.ons.gov.uk 22 August 2019)< https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/internationalmigration/bulletins/migrationstatisticsquarterlyreport/august2019> accessed 17 April 2021.
[4] Georgina Sturge, ‘Migration Statistics- House of Commons Library’, (www.commonslibrary.parliament.uk 2 December 2020)< https://commonslibrary.parliament.uk/research-briefings/sn06077/> accessed 13 April 2021.
[5] Tejvan Pettinger, ‘Impact of Immigration on UK Economy’, (www.economicshelp.org 1 August 2019)< https://www.economicshelp.org/blog/6399/economics/impact-of-immigration-on-uk-economy/> accessed 19 April 2021.
[6] Andrew Sparrow, ‘Migration report plans could increase labour shortages, business leaders say - as it happened’, (www.theguardian.com 18 September 2018)< https://www.theguardian.com/politics/blog/live/2018/sep/18/brexit-mac-migration-eu-confirms-emergency-summit-planned-for-november-to-finalise-brexit-deal-politics-live> accessed 20 April 2021.
[7] May Bulman, ‘Nigerian man who died in detention centre ‘had been unwell for weeks but not seen by a doctor’, (www.independent.co.uk 18 September 2019)< https://www.independent.co.uk/news/uk/home-news/nigerian-man-detention-death-immigration-centre-oscar-okwurime-home-office-> accessed 19 April 2021.
[8] n(7).
[9] n(7).
[10] Human Rights Act 1998.
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.