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SAADI v. THE UNITED KINGDOM JUDGMENT
“The Government has decided that, whilst there is a presumption in favour of
temporary admission or release, detention is normally justified in the following
circumstances:
• where there is a reasonable belief that the individual will fail to keep the terms of
temporary admission or temporary release;
• initially, to clarify a person's identity and the basis of their claim;
• where removal is imminent. In particular, where there is a systematic attempt to
breach the immigration control, detention is justified wherever one or more of those
criteria is satisfied.”
In paragraph 12.11 of the White Paper it was made clear that detention
should be used for the shortest possible time and paragraph 12.7 required
written reasons to be given at the time of detention.
C. The Oakington Reception Centre
23. On 16 March 2000 the Minister, Barbara Roche MP, announced a
change of the above policy in a written answer to a Parliamentary question,
as follows:
“Oakington Reception Centre will strengthen our ability to deal quickly with asylum
applications, many of which prove to be unfounded. In addition to the existing
detention criteria, applicants will be detained at Oakington where it appears that their
applications can be decided quickly, including those which may be certified as
manifestly unfounded. Oakington will consider applications from adults and families
with children, for whom separate accommodation is being provided, but not from
unaccompanied minors. Detention will initially be for a period of about seven days to
enable applicants to be interviewed and an initial decision to be made. Legal advice
will be available on site. If the claim cannot be decided in that period, the applicant
will be granted temporary admission or, if necessary in line with existing criteria,
moved to another place of detention. If the claim is refused, a decision about further
detention will similarly be made in accordance with existing criteria. Thus, detention
in this latter category of cases will normally be to effect removal or where it has
become apparent that the person will fail to keep in contact with the Immigration
Service.”
24. The decision whether an asylum claim is suitable for decision at
Oakington is primarily based on the claimant's nationality. According to the
Home “Operational Enforcement Manual”, detention at Oakington should
not be used for inter alia “any case which does not appear to be one in
which a quick decision can be reached”; minors; disabled applicants; torture
victims; “any person who gives reason to believe that they might not be
suitable for the relaxed Oakington regime, including those who are
considered likely to abscond”.
25. The detention centre is situated in former army barracks near
Oakington, Cambridgeshire. It has high perimeter fences, locked gates and
twenty-four-hour security guards. The site is large, with space for outdoor