Detention: interim instruction for
cases in detention who have
claimed asylum, and for entering
cases who have claimed asylum
into detention
Version 3.0
Published: 1 August 2016
Page 1 of 11
Published for Home Office staff on 01 August 2016
Contents
Contents ..................................................................................................................... 2
About this guidance .................................................................................................... 3
Contacts ................................................................................................................. 3
Clearance and publication ...................................................................................... 3
Changes from last version of this guidance ............................................................ 4
Handling of asylum claims and considering detention or temporary admission/
release ....................................................................................................................... 5
Annex ......................................................................................................................... 8
Change record ......................................................................................................... 12
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About this guidance
Since 2 July 2015, the Detained Fast Track process has been suspended. This
interim instruction tells you about managing cases in detention who have claimed
asylum, and how to enter cases who have claimed asylum into detention
This instruction is for all staff in the National Returns Command (NRC), the Detention
Gatekeeper (DG), the National Asylum Allocation Unit (NAAU), staff within ICE
commands and reporting centres, CCU, NEXUS, Border Force staff and all staff in
UKVI Asylum processing and decision making units, including the Detained Asylum
Casework teams.
Contacts
If you have any questions about the guidance and your line manager or senior
caseworker cannot help you or you think that the guidance has factual errors then email the Asylum Policy team.
If you notice any formatting errors in this guidance (broken links, spelling mistakes
and so on) or have any comments about the layout or navigability of the guidance
then you can email the Guidance Rules and Forms team.
Clearance and publication
Below is information on when this version of the guidance was cleared:
 version 3.0
 published for Home Office staff on 1 August 2016
Changes from last version of this guidance
 update of pervious instruction including team names and the removal of
sections relevant to reviewing cases that had been in the detained fast track
 changes in referral from all asylum claims in detention to those suitable for
continued detention and the inclusion of the process map as an annex
Related content
Contents
Related external links
All cases in detention with an outstanding asylum claim must be held in accordance
with general detention criteria, as set out in Chapter 55 of the Enforcement
Instructions and Guidance (EIG). All asylum claims must be processed in
accordance with published asylum instructions. When deciding to detain and/or
whether to maintain detention, staff must always consider the provisions of
EIG55.10.
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Handling of asylum claims and
considering detention or temporary
admission/release
This page tells you about the handling of asylum claims and how to consider
detention and or temporary admission or release
There will normally be a reasonable likelihood of removal in Third Country Unit cases
because asylum claims may be deemed inadmissible and therefore not considered
substantively if the applicant can be returned to a safe third country. However,
caseworkers will need to make a decision on the facts of the case in accordance with
the general detention criteria in Chapter 55 of the EIG.
Where an individual claims asylum whilst in detention pending their removal, or
whilst detained following an enforcement visit, the case working unit that owns the
case or detaining enforcement (ICE) team should refer cases that they consider
would be suitable to remain in detention to the Detention Gatekeeper. The Detention
Gatekeeper or NRC Hub staff should review the case in accordance with the general
detention criteria as set out in Chapter 55 of the EIG.
Allegations of torture and other vulnerabilities set out in Chapter 55.10 should be
carefully considered before referring a case to the Detained Asylum Casework
Team. Where such allegations are supported by independent evidence such as
medical records or a Rule 35 report, the case should not normally be referred to the
Detained Asylum Casework Team.
If the decision is taken to maintain detention, the Detention Gatekeeper should notify
the Detained Asylum Casework Team who will:
take ownership of the case and inform the previous case owner and transfer; and
arrange for the asylum screening interview to be carried out as soon as possible (if it
has not already taken place).
Once the asylum screening interview has taken place, a caseworker should be in a
better position to decide whether it is likely that the individual can be removed within
a reasonable time, bearing in mind the nature of the asylum claim and all the
circumstances of that individual. Detention should therefore be reviewed by the
Detained Asylum Casework Team in accordance with EIG55.8. Particular attention
should be paid to any vulnerabilities that have been raised in terms of suitability for
detention (see Chapter 55 of the EIG).
Detention should also be reviewed by Detained Asylum Casework Team in
accordance with EIG55.8 at significant stages of asylum case progress where there
may be a significant change in circumstance which may impact on the likelihood of
removal within a reasonable time frame. Examples include (but are not limited to):
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after the asylum screening interview has been conducted
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on receipt of additional information in support of the asylum claim
immediately after a decision is made on the asylum claim
on the day that the IAC informs the Home Office that an appeal is lodged; and
whenever there is any other significant change in circumstances
Reviews that fall on the weekend must all be completed on the Friday before. If there
is a Bank Holiday the reviews should be completed on the last working day before
whichever day the review falls upon.
Where a decision is taken to release an individual from detention, consideration
should be given to appropriate reporting conditions in accordance with Chapter 57
of the EIG and the case should be referred to NAAU to allocate to a casework team
and arrange accommodation if needed.
Asylum claims made at the Asylum Intake Unit, at port or once apprehended
as a clandestine that might be suitable for detention because there is a reasonable
likelihood of certifying the claim as clearly unfounded and of removing the individual
within a reasonable timeframe, or other exceptional circumstances, should be
referred to the Detention Gatekeeper after screening has taken place for an
assessment of suitability for detention. Particular attention should be paid to any
vulnerabilities that have been raised (see EIG55.10) and the ability to conclude the
claim fairly within a reasonable timeframe.
The Detention Gatekeeper should review the case in accordance with the general
detention criteria as set out in Chapter 55 of the EIG.
Decisions to detain an individual from an NSA country must be signed off by a Grade
7 in the Detention Gatekeeper team. Decisions to detain an individual from a nonNSA country due to exceptional circumstances (such as past criminality) must be
signed off by an SCS1 in Asylum Operations or the NRC. Asylum claims passed to
the Third Country Unit do not need Grade 7 or SCS sign off.
If the decision is taken to maintain detention, the Detention Gatekeeper should notify
the detained asylum casework team who will take ownership of the case and inform
the previous case owner and transfer.
Detention should be reviewed by the Detained Asylum Casework Team in
accordance with EIG55.8 at significant stages of asylum case progress where there
may be a significant change in circumstance which may impact on the complexity of
the claim and likelihood of removal within a reasonable time frame. Examples
include (but are not limited to):
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after the asylum screening interview has been conducted
on receipt of additional information in support of the asylum claim
immediately after a decision is made on the asylum claim
on the day that the IAC informs the Home Office that an appeal is lodged; and
whenever there is any other significant change in circumstances
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Reviews that fall on the weekend must all be completed on the Friday before. If there
is a Bank Holiday again the reviews should be completed on the last working day
before whichever day the review falls upon.
Where a decision is taken to release an individual from detention, consideration
should be given to appropriate reporting conditions in accordance with Chapter 57
of the EIG and the case should be referred to NAAU to allocate to a casework team
and arrange accommodation if needed.
Related content
Contents
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Published for Home Office staff on 01 August 2016
Annex: process for deciding asylum
claims in detention
This annex was previously referred to as ‘the process map’ and is now attached as
an annex to the Detained Interim Instruction.
This process must also be read in conjunction with the main asylum policy
instructions, in particular; the guidance on:
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conducting the asylum interview
assessing credibility and refugee status
drafting, implementing and serving asylum decisions
guidance on detention rule 35 process
gender issues in the asylum claim
human trafficking - guidance for frontline staff
sexual identity issues in the asylum claim and
the guidance on NSA cases and certification under section 94 of the 2002 Act
DFT policy has been suspended, but asylum claims can continue to be processed
for applicants who are detained. Particular care must be given to applicants who
may, due to their particular circumstances, require their interview to be rescheduled,
extended timescales for the submission of representations or in some cases release
from detention.
These instructions apply to all cases, including those from NSA countries, which are
accepted for processing whilst in detention.
Induction interview
Once an applicant is transferred to the relevant IRC, a DAC officer will conduct an
induction interview within a day of their arrival. The purpose of the induction interview
is to ascertain if the applicant needs assistance from a publically funded legal
representative or if they have instructed a firm privately. The applicant will be asked
for consent to access medical information and asked whether they have any medical
conditions that the Home Office needs to be aware of. They will also be asked
whether they have any family in the UK and whether they wish to submit any
documents in support of their claim. The applicant will also be able to request a
gender specific interviewer, their preferred language for the interview and/or for their
asylum interview to be deferred for a short duration for e.g. if they are expecting to
instruct a firm privately.
If a duty legal representative is requested then a referral will be made to a legal firm
who has a contract with the Legal Aid Agency (LAA) to provide representation for the
case. The funding arrangements that existed within DFT continue to apply to asylum
claims processed in detention and this has been communicated to the duty legal
representatives. This referral should normally be made on the day of the induction
interview; however it should be no later than one working day after the induction
interview.
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Asylum Interview
The DAC team will then be responsible for booking the asylum interview. There are
no set timescales for the booking of an asylum interview as it will largely depend on
the individual circumstances of the case as to when an interview is booked. Officers
should ensure that the applicants have sufficient time to instruct his/her legal
representatives. As a rough guide, unless an applicant expressly requests an earlier
interview, asylum interviews should not be booked any earlier than five working days
from the date when the referral is sent to the legal representatives. This is consistent
with national asylum operations.
There is also no automatic period after an interview for the submission of further
evidence and/or written legal representations. But if the interviewing officer decides
to ask for further evidence or if the applicant requests additional time in which to
submit information of relevance to the claim, the applicant should be given a
reasonable time in which to provide it - normally five working days. More time can be
offered where it is appropriate to do so.
The interviewing officer must, at the end of the asylum interview, agree a deadline
for the submission of further evidence or legal representations. This does not prevent
the applicant or the legal representatives from submitting a written request for an
extension of the timescales after the interview. Whether or not the deadline is
extended will depend on the individual circumstances of the case and the justification
given for the request.
Handling of Helen Bamber / Freedom from Torture referrals and Medico Legal
Reports
Caseworkers should follow the guidance set out in the asylum instruction on MedicoLegal Reports from the Foundations, for asylum claims involving allegations of
torture or serious harm, where a Medico-Legal Report (MLR) from the ‘Medical
Foundation Medico-Legal Report Service’ at Freedom from Torture or the Helen
Bamber Foundation is likely to form part of the evidence. Caseworkers should
however note the section 2.11, relating to DFT, no longer applies as there is no
Detained Fast Track process.
Decision making
For all cases, case owners should aim to make and serve the decision on the day
after the agreed deadline for the submission of further evidence or legal
representations. The decision and the associated papers should be served promptly;
both on the applicant as well as the legal representatives.
If a decision is made to grant asylum or any other form of leave, the applicant should
normally be released from detention immediately, although all relevant processes will
need to be completed prior to any release.
If the claim is refused and the decision certified under s 94 or s 96 of the Nationality,
Immigration and Asylum Act 2002, removal action can proceed as long as there are
no other outstanding representations.
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If, however, the claim is refused and the decision attracts an in-country right of
appeal, case owners should carefully consider whether detention remains
appropriate whilst the appeal is being processed. In this regard, it must be noted
that any appeals will be subject to the Principal Tribunal Rules.
Asylum or human rights claims can be refused where as a result of non-compliance
a person has failed to establish that they qualify to remain on asylum or human rights
grounds. An asylum or a human rights claim can be treated as implicitly withdrawn
when a person has failed without reasonable excuse to make a prompt and full
disclosure of material facts or otherwise to assist the Secretary of State, to the full, in
establishing the facts of the case. This may include one or more of the following:
 failure to attend a screening interview or an asylum interview about the claim
 refusing, without reasonable explanation, to answer questions relating to the
claim
 leaving an interview, without reasonable explanation, prior to its completion or
 failure to provide a witness statement or other material evidence about the
substantive basis of the application, when given an opportunity to do so
A failure to comply will usually, but not always, mean that the applicant has not
established that they qualify for asylum or HP or DL and so result in the refusal of the
claim. It is important that consideration is given to any explanation provided by the
applicant or their legal representative for the non-compliance. Where no explanation
is received by the deadline, the asylum claim should be treated as implicitly
withdrawn. If an explanation is received within the deadline, caseworkers must
consider whether there is sufficient evidence to show that failure to attend was due
to circumstances beyond the control of the applicant and decide whether to rebook
the interview or treat the claim as implicitly withdrawn.
It is possible for an applicant to request to reinstate his/her asylum claim, after they
have withdrawn it explicitly or if a decision is made to treat their claim as implicitly
withdrawn. Requests to reinstate an asylum claim should be considered as further
submissions under paragraph 353 of the Immigration Rules.
Review of detention
Continued detention will be under review in accordance with general detention
criteria as set out in Chapter 55 of the EIG. The case owner should also give due
regard to any Rule 35 reports and, in accordance with the guidance set out in the
Detention Rule 35 process, consider whether to release or maintain detention. The
applicant should be released from detention immediately if their detention can no
longer be properly maintained under the criteria as set out in Chapter 55 of the EIG.
Appeals
In cases where detention is maintained following the refusal of the asylum claim,
case owners should note that any in-country appeals will be processed under the
Principal Rules. Therefore, at the decision stage as well as whenever there is a
material change in the circumstances of the case, such cases should be regularly
reviewed in line with the criteria as set out in Chapter 55 of the EIG.
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Further Submissions
In cases where the original claim has been considered and appeal rights exhausted,
further submissions will have to meet the requirements of paragraph 353 to be
considered a fresh claim (see the AI on Further Representations).
Removals
Removal directions can be arranged as set out in the EIG from Chapter 47 inline with
the following circumstances:
 where the applicant has withdrawn their claim by signing a formal disclaimer
form IS 101, their appeal by signing form IS 103 or has otherwise
communicated through their legal representative a request for a voluntary
departure
 where the asylum decision is certified as clearly unfounded under s 94 of the
Nationality, Immigration and Asylum Act 2002 or certified under s 96 of the
same Act and there are no outstanding representations or other legal barriers
 applicants who have exhausted their statutory appeal rights and there are no
outstanding representations or other legal barriers
Continual Case Progression
It is important that there is continual case progression to ensure there is a
reasonable prospect of removal within a reasonable timeframe. Caseworkers should
therefore act diligently to progress asylum claims as quickly as the circumstances of
the case allow. If it becomes apparent that, for any reason (including, for example,
the applicant’s need to obtain further evidence, or operational reasons) the decision
is likely to be significantly delayed, then detention should be reviewed in accordance
with Chapter 55 of the EIG to ensure detention remains lawful.
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Change record
Version
Author(s) Date
Change References
1.0
IBPD
July 2015
Instruction created in light of the decision to
suspend the detained fast track policy
IBPD
10 July
2015
Updated process for referring cases to the
detained asylum casework team and the
information on access to legal aid.
1 August
2016
Update of instruction including team names
and removing sections relevant to reviewing
cases that had been in the detained fast track.
Change in referral from all asylum claims in
detention to those suitable for continued
detention and the inclusion of the process map
as an annex.
2.0
3.0
IBPD
Page 11 of 11 Published for Home Office staff on 01 August 2016