Immigration Bill — Immigration Detention: 28 Day Time Limit — 25 Apr 2016 at 21:26

The majority of MPs voted against generally limiting immigration detention to a period of 28 days.

MPs were considering the Immigration Bill^[1].

The motion supported by the majority of MPs was:

• That this House disagrees with Lords amendment 84.

Amendment 84^[2] sought to introduce a new clause titled: Immigration detention: time limit and judicial oversight stating:

• (1) Subject to the provisions of this section, a person may not be detained under any of the relevant powers—
• (a) for a period longer than 28 days; or
• (b) for periods of longer than 28 days in aggregate.
• (2) The First-tier Tribunal may—
• (a) extend a period of detention; or
• (b) further extend a period of detention, for such a period as is determined, on application made by the Secretary of State, on the basis that the exceptional circumstances of the case require extended detention.
• (3) The First-tier Tribunal has the power to review an extended period of detention without requiring the Secretary of State to make a new application.
• (4) This section does not apply to a person who—
• (a) has been sentenced to a term of imprisonment for a term of 12 months or longer; or
• (b) the Secretary of State has determined shall be deported.
• (5) Rules of procedure for the purposes of this section may be made by the Lord Chancellor.
• (6) In this section— “First-tier Tribunal” means—
• (a) in the case of an appeal against a decision on an asylum application which has not been determined, the chamber of the First-tier Tribunal dealing with the appeal; or
• (b) in any other case, such chamber of the First-tier Tribunal as the Secretary of State considers appropriate; “relevant powers” means powers to detain pursuant to
• (a) paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971,
• (b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act,
• (c) section 62 of the Nationality, Immigration and Asylum Act 2002, and
• (d) section 36(1) of the UK Borders Act 2007.
• (7) In the case of a person to whom section 3(2) of the Special Immigration Appeals Commission Act 1997 applies (detention on grounds of national security), the Commission established under that Act shall be substituted for the First-tier Tribunal.

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• [1] Parliament's webpage on the Immigration Bill
• [2] Amendment paper containing Lords Amendment 84

Debate in Parliament |