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The COVID-19 pandemic and the case of the abolition of immigration detention

The COVID-19 pandemic and the case of the abolition of immigration detention

Riaz, Ayesha ORCID: 0000-0002-4503-1906 (2023) The COVID-19 pandemic and the case of the abolition of immigration detention. Journal of Immigration, Asylum and Nationality Law. pp. 150-165. ISSN 1746-7632

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Abstract

On 11 March 2020, the World Health Organisation declared that there was a COVID-19 outbreak in the world. Following this declaration, the United Kingdom implemented its first national lockdown on 23 March 2020. Soon after, it was reported that a person had contracted COVID-19 in immigration detention. The Home Office was disinclined to release a mass number of detainees at the initial stages of the pandemic. However, following a number of legal challenges to the legality of immigration detention, the Home Office did go on to release a substantial number of detainees. According to some estimates, 70 per cent of the immigration detention estate remained vacant during the height of the pandemic. Despite this, the rate of absconding was lower in 2020 than in 2019, 2021 and 2022. This article therefore argues this article argues against the use of immigration detention on the basis that large-scale release of detainees does not carry negative consequences for immigration control or the wider community. Further, this article argues that alternatives to detention (ATDs) should be used for individuals whose detention is lawful, but not necessary and proportionate. Lastly, it argues that individuals who do not meet any of the grounds of detention should not be placed in immigration detention or subjected to ATDs.

Item Type: Article
Uncontrolled Keywords: immigration; detention; COVID-19
Subjects: K Law > K Law (General)
K Law > KD England and Wales
R Medicine > RA Public aspects of medicine > RA0421 Public health. Hygiene. Preventive Medicine
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:
Last Modified: 24 May 2024 11:31
URI: http://gala.gre.ac.uk/id/eprint/42042

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