20 Apr '16

Your Rights in Detention

According to the UN Refugee Detention Guidelines, seeking asylum is not a criminal act and everyone has the legal right to challenge their detention. Detention for the sole reason that the person is seeking asylum is not lawful under international law. Illegal entry or stay of asylum-seekers does not give the State an automatic power to detain or to otherwise restrict freedom of movement. To read more information on the ‘UN Detention guidelines’.

If you are facing deportation, you cannot get legal aid if your case does not have an asylum element. You cannot get legal aid even if your case involves a human rights issue but not an asylum element. There are some exceptions to this rule. Some people should only be detained in “very exceptional circumstances”: Under 18’s, elderly people, pregnant woman, people with serious disabilities, serious medical conditions or mental health problems; and victims of torture. Everyone has the right to apply for bail to be released from detention. You can make as many applications as you like; even without a lawyer, contact BID (Bail for Immigration Detainees) for more information.