These matters to be taken into account in accordance with section 59 of the Immigration Act 2016 when determining whether a person would be particularly vulnerable to harm if they were detained, or if they remained in detention, and, if they were particularly vulnerable in those circumstances, whether they should be detained or should remain in detention.
A detainee at risk in the Immigration detention is explained:
From the Government’s response (in a Written Ministerial Statement of 14 January 2016) to the report by Stephen Shaw of his review of the welfare of vulnerable people in detention. The intention is that the guidance will, in conjunction with other reforms referred to in the Government’s response, lead to a reduction in the number of vulnerable people detained and a reduction in the duration of detention before removal. It aims to introduce a more holistic approach to the consideration of individual circumstances, ensuring that genuine cases of vulnerability are consistently identified, in order to ensure that vulnerable people are not detained inappropriately.
The main aim is to strike the right balance between protecting the vulnerable and ensuring the maintenance of legitimate immigration control.
It allows for a case-by-case evidence-based assessment of the appropriateness of the detention of an individual considered to be at particular risk of harm in the terms of this guidance.
The clear presumption is that detention will not be appropriate if a person is considered to be “at-risk”. However, it will not mean that no one at risk will ever be detained. Instead, detention will only become appropriate at the point at which immigration control considerations outweigh this presumption. Within this context, it will remain appropriate to detain individuals at risk if it is necessary in order to remove them. This builds on the existing guidance and sits alongside the general presumption of liberty.
It will apply in all cases in which an individual is being considered for immigration detention in order to facilitate their removal.
1 In these cases, an assessment will be made of whether the individual is “at-risk” in terms of this guidance and, if so, the level of risk (based on the available evidence) into which they fall. If the individual is considered to be at risk, an assessment will be made of whether the immigration considerations outweigh the risk factors. Only when they do will the individual be detained.
The processes set out in this guidance apply to all cases in which consideration is being given to detaining a potentially vulnerable individual in order to remove them.
2 They also apply to cases of individuals who are 1 Except in certain modern slavery cases – see paragraph 18 of this document.
2 Except in certain modern slavery cases – see paragraph 18 of this document. already in detention, though there are some differences in the way in which these cases are managed.
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