Two new important developments that could help more vulnerable detainees get released from detention

"Rule35" and the PB judgement. There have been two new important developments that could help more vulnerable detainees get released from detention ; a policy change on "Rule 35" and a High Court judgement PB v SSHD.

• Posted on Mar 19, 2008

The High Court judgement might be relevant to ex-detainees, for whom "Rule 35" was not properly implemented when they were detained, in seeking compensation now.

Protecting vulnerable people in administrative immigration detention
Section 38 of the Operations Enforcement Manual of the Borders and Immigration Agency (BIA) states that torture survivors, children and people with serious medical and psychiatric conditions should only be subjected to administrative detention only "under very exceptional circumstances."

Over the past two and half years, Medical Justice has helped hundreds of detainees who fit these criteria. Owing directly to our interventions, the majority have been released. Most of them have also been able to bring fresh claims for leave to remain on the basis of our medical evidence our volunteer doctors either produced or helped them obtain. Some of these (ex-detainees) have already been granted status.

It is clear that vulnerable people are routinely detained in violation of BIA policy.

Medical Justice activities have recently contributed to an important BIA policy change and a High Court judgement which can further help to obtain release for those who should never have been detained in the first place:

1) Changes to Rule 35 reports about detainees with "special illnesses" including torture.

2) A High Court judgement PB v SSHD which holds that it is unlawful for BIA and detention centre managements to fail to ensure competent medical examination of detainees who have evidence that they are survivors of torture.

Please see the Medical Justice website for full details ;
http://www.medicaljustice.org.uk/content/view/397/51/

Access: Application of PB v SSHD
http://www.bailii.org/ew/cases/EWHC/Admin/2008/364.html

Source for this Message:
Medical Justice http://www.medicaljustice.org.uk/

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