Immigration detention and the rule of law

This project will update the safeguarding principles on immigration detention by reference to new instruments and decisions at the international, regional, and domestic levels. 

Why this project is important

Immigration detention is a widely used tool of immigration management and border control across many countries and regions. Legislative, policy and practical arrangements have resulted in a significant increase in the use of immigration detention. Privatisation and externalisation of detention are increasingly mainstream. More recent practices, including the use of Bibby Stockholm and Wethersfield airfield to detain migrants, have raised questions around adherence to the rule of law (RoL). 

In 2013, the British Institute of International and Comparative Law published a series of safeguarding principles on immigration detention. These principles were highly influential, used by NGOs, legal representatives, and others to inform legislative debates and court proceedings.  

What the research will involve

This project will update the principles to ensure they reflect the latest developments and continue to function as a practical resource for stakeholders. The following questions will be addressed: 

• What new challenges to detained migrants’ human rights have arisen in the last ten years that should be included in the updated principles? 

• What RoL safeguards have emerged from legislative, judicial, policy, and other developments in the last decade? 

• How can these be best articulated to provide effective support to those challenging violations occurring in the context of detention? 

• Do existing detention practices meet basic RoL safeguards? If so, how? If not, how can adherence to RoL in this context be enhanced? 

As with the 2013 principles, Lord Bingham’s understanding of RoL will provide the conceptual underpinning. Desk-based research into existing laws and standards and new instruments and decisions adopted in the last decade will be supplemented with semi-structured expert interviews and expert consultation. 

How the research will make a difference 

In addition to the updated principles, a checklist will be produced to help facilitate the application of the principles. Reports and workshops will disseminate the findings to key stakeholders.