As the new Border Security Bill works its way through the House of Commons, we were keen to see the latest UNHCR perspective on the Bill
In particular we were struck by this statement:
UNHCR is concerned that the retention of Section 12 may result in refugees and stateless people being detained for periods beyond what is necessary, proportionate, and consistent with binding principles of international refugee and human rights law. UNHCR encourages that this section be repealed.
And by this statement:
The effect of Section 12, which is already in force, is to give the Home Secretary power to decide what is a reasonable length of detention and continue to detain someone even when the purpose for which detention has been authorized (pending examination or removal) cannot be carried out for an unspecified “time being”. In so doing, Section 12 limits the long-standing ability of the courts to determine reasonable length of detention with reference to the Hardial Singh principles.
This is a really worrying prospect of limiting the Hardial Singh principles and is a key reason why this element of the Bill needs to be opposed.
