Immigration Detention — your rights and how to get out

An Immigration Removal Centre (IRC) is where the Home Office holds people while it decides on removal or asylum. The UK has 11 IRCs run by private companies (Mitie, Serco, GEO Group). It is NOT a prison — you have not committed a crime. But you cannot leave without permission.

Main IRCs: Brook House and Tinsley House (near Gatwick, men), Yarl's Wood (Bedfordshire, formerly for women), Colnbrook and Harmondsworth (near Heathrow, men), Dungavel (Scotland), Larne House (NI), Derwentside (Durham, women). Some asylum-seekers are temporarily held in regular prisons (HMP) when IRCs are full.

• Asylum refusedafter appeal rights exhausted — particularly vulnerable category
• Subject to a deportation orderusually after a criminal sentence ≥12 months triggers automatic deportation
• No leave to remain in the UKvisa expired, refusal under various routes
• The Home Office considers you a flight riskfor both reporting compliance and removal preparation
• Detained Fast Track (DFT) / DACseparate "accelerated" procedures for certain categories — especially dangerous as preparation time is short
• Removed from study/workforeign students or work-visa workers who breached conditions

Immigration bail = release from IRC under conditions. You can apply at any moment — even hours after arrest. Decided by an Immigration Judge or the Home Office.

• 1. Find a bail addressaddress where you will live. Could be a friend or relative, asylum-housing, an NGO. Without a bail address the judge will refuse.
• 2. Call BID 0800 196 3066free from any IRC. They'll help you file a bail application, sometimes find a bail surety and legal representation.
• 3. Solicitor files Bail Application (Form B1)at Tribunal. Hearing usually within 3-8 days. Can be by video link from IRC.
• 4. Conditions of releasereporting to Home Office (usually), no right to work (often), tagging (electronic monitoring), restriction zones. Compliance = remain on bail.
• 5. If refused — re-applyafter 28 days (or sooner if circumstances change). Each time — new arguments.

Rule 35 of the Detention Centre Rules 2001 — a doctor at the IRC must write a report on any detainee who:

• Has health deteriorating due to detentionRule 35(1) — continued detention is harmful
• Has suicidal intentionsRule 35(2)
• Is a torture victimRule 35(3) — the main one for asylum cases

Standard phrase to request: "I want a Rule 35 assessment." Note the date / doctor's name if possible. The report is sent to the Home Office, which must consider release in light of findings. Strategic use of Rule 35 for asylum/bail arguments is solicitor's work.

If the IRC doctor refuses or delays — Medical Justice (020 7561 7498) can send an independent medical expert. Their Medico-Legal Report is often stronger than an IRC Rule 35.

Adults at Risk in Immigration Detention — Home Office policy (2016) listing categories unsuitable for detention or requiring stronger grounds:

• Victims of tortureincluding CAT (Convention Against Torture) definition
• Victims of trafficking / modern slaverypositive NRM decision
• Serious physical/mental illnessincluding severe mental health, PTSD, depression with suicidal ideation
• Pregnant womenwith the automatic 72-hour limit
• Survivors of sexual / gender-based violence
• Elderly / trans peopleelevated risks in the segregated IRC environment

Levels 1-3: stronger evidence = stricter test for the Home Office to continue detention. Level 3 = must have very strong arguments to detain. The lawyer builds the argument on Rule 35 + Adults at Risk + bail address combined.