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AVID Visitor Handbook
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  • Welcome
  • Introduction
    • About AVID
    • About this Handbook
  • Getting started as a visitor
    • Introduction
      • Why Visit People in Detention
      • The Role of a Visitor
      • Joining a visitor group
    • Practicalities of visiting
      • Models of visiting
      • Booking a social visit
      • What to expect on arrival
      • What to expect in a visiting room
      • What to expect in prisons
      • How do people in detention find out about visitors?
    • Visiting Skills
      • Being worthy of trust
      • Empathetic listening
      • Demonstrating independence
      • Boundaries and safeguarding
    • What issues might someone raise and what can I do?
    • Step-by-step: Before, during and after a visit
    • Find a visitor group
    • Useful organisations
    • Visitor wellbeing
  • Who can be detained
    • Introduction
    • Who, Why, When
    • Decisions to Detain
    • Lawfulness of Detention
    • People considered unsuitable for detention
    • Demographics
  • Immigration Detention in the UK: Essential Legislation, Policy and Guidance
    • Introduction
    • Essential Immigration and Asylum Law for Visitors
      • UK legislation on asylum and detention
      • International Framework
      • Claiming asylum in the UK
      • Post Brexit Changes
    • Detention Policy and Guidance
      • Overview and Sources
      • Detention General Instructions
      • Detention Centre and Short-Term Holding Facility Rules
      • Detention Operating Standards
      • Detention Service Orders
      • Prison Service Instructions & Probation Orders
      • Home Office Policy and Guidance
      • What can visitors do?
  • Immigration detention in the prison estate
    • Introduction
    • Legal Framework
    • Why are people detained in the prison estate?
    • History of the use of prisons to detain people held under immigration powers
    • Additional layers of disadvantage
    • Criticisms on the use of Prison for Immigration Detention and Further Reading
    • Organisations offering legal advice & practical help in prisons
  • Legal Advice and Representation
    • Introduction
    • Legal Advice and Representation
      • Why do people in detention need legal advice?
      • What is legal aid and what does it cover?
      • Who can give immigration legal advice?
      • The Legal Aid Agency Detention Duty Advice Scheme in IRCs
      • How do I know if a solicitor is doing a good job?
    • What can visitors do?
      • Finding a legal advisor
      • Finding a legal advisor for a person detained under immigration powers in the prison estate
      • Notify a legal representative that their detained client has been moved to another IRC
      • Help a person in detention to understand what they can reasonably expect of their lawyer
      • Give Information
      • Visitors and legal advisors: constructive relationships
      • Help if there are problems with the current legal representative
      • Acting as a McKenzie Friend
  • Safeguards
    • Introduction
    • Harms of detention: what safeguarding concerns do visitors come across in detention?
      • Deteriorating mental health
      • Worsening of pre-existing health needs
      • Trauma and mental health conditions that are common in detention
      • Failures in continuity of care
      • Mistreatment and abuse
      • Disbelief
      • Suicidal thoughts and self-harm
      • Survivors of torture, human trafficking and modern slavery
      • People who lack decision-making capacity
      • Age disputed children
    • Policy and practice
      • Adults at Risk Policy (AAR)
        • Background to the Adults at Risk Policy
        • Ongoing Criticisms and Developments
        • Present position of the AAR and oversight
      • Healthcare screening, assessment and monitoring
        • Healthcare safeguarding reports: Rule 35 and Rule 32
        • Challenges and concerns about reporting under Rules 32/35
        • Key Points for Visitors
      • The ACDT System
        • Challenges and concerns
      • Use of Segregation
        • Challenges and concerns
      • National Referral Mechanism
        • Challenges and concerns
      • The Mental Capacity Act 2005
        • Challenges and concerns
      • Age Assessments
        • Challenges and concerns
    • A series of case studies
      • Dawit
      • Ali
      • Drita
      • Bao
      • Gabriel
    • What can visitors do
      • Safeguarding Principles
      • Emotional support through empathetic and active listening
      • Worried about someone’s deteriorating mental and physical health
      • Access to Medical Information
      • Support after release
    • Looking after your own wellbeing
    • Useful Organisations
  • Getting out of detention
    • Introduction
    • Immigration Bail Overview
      • Secretary of State Bail
      • Immigration Tribunal Bail
    • Bail addresses and Home Office accommodation
    • Offering financial condition supporters/sureties
    • Refusal of bail and further bail applications
    • Bail with or without a legal advisor
    • Bail for people detained in the prison estate
    • Mandatory electronic monitoring for those facing deportation
    • Bail and removal directions
    • What can visitors do?
    • Life after release
  • Removal, Return, and Deportation
    • Introduction
    • Definitions
    • Being ‘liable to removal’ or ‘liable to deportation’ and Notices
    • Third Country Removals
    • Deportation
    • Getting on the plane
    • Assisted Voluntary Returns Schemes
    • Family Returns Process
    • Consequences of being removed or deported for return to the UK
    • What can visitors do?
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  1. Removal, Return, and Deportation

Definitions

The terms ‘return’, ‘removal’, and ‘deportation’ are often used interchangeably, but - in immigration policy - they are all different processes, apply to different categories of people, and each process has a different set of consequences for subsequent re-entry to the UK.

Return

A broad term referring to the departure of someone who is not a UK citizen from the UK to return to their country of origin or who is sent to a transit or third country.

Removal or administrative removal

The departure from the UK of a person with no legal right to remain in the UK.

Voluntary return

A type of removal where a person has asked for the Home Office’s help in leaving the UK.

Enforced removal

A type of removal where the Home Office attempts to enforce the departure from the UK of a person without leave to be in the UK who refuses to leave voluntarily.

People who have entered without a visa, overstayed their visa, and people who breach the conditions of their stay in the UK, are among a number of types of case that come under the scope of administrative removal. Enforcement will usually include the use of detention powers immediately prior to departure from the UK, possibly for longer.

Deportation

Deportation is a form of expulsion from the UK, with consequences which continue beyond expulsion while the deportation order remains in force. Deportation action is pursued by the SSHD against so called “foreign nationals” who are being removed from the UK because they have committed a criminal offence.

People subject to deportation action may or may not have leave to be in the UK. Deportation is not about getting rid of people with no leave to be in the UK. A deportation order has the effect of revoking any leave to enter or leave to remain given before the deportation order is in force or while it is in force.

‘Automatic’ deportation

A type of deportation where the SSHD has no discretion over whether or not to try to deport a “foreign national offender” if they have been given a custodial sentence of 12 months or more.

Powers also exist:

  • for the Home Office to deport people who don’t meet the threshold for ‘automatic’ deportation if it is considered that their presence in the UK is not ‘conducive to the public good’.

  • For the CPS to recommend to a judge in a criminal case that a foreign national be recommended for deportation at the end of their sentence.

Family Returns Process only

Assisted return

A term used for a form of voluntary departure, which applies only in family cases dealt with under the Family Returns Process.

Required return

A term used for a form of enforced removal where a family is offered the opportunity to depart with self check-in removal directions.

Ensured return

A term used for a form of enforced removal of families with dependent children.

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