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15 January 2016
Immigration detainees 'asked for wife's bra size' to test sham marriage suspicions, says review

Immigration detainees 'asked for wife's bra size' to test sham marriage suspicions, says review

Detainees held at Scotland's sole immigration removal centre (IRC) were asked for their wife’s national insurance number as well as bra size amid suspicions of sham marriages, according to evidence heard by an independent review commissioned by the UK Government.

Former prisons and probation ombudsman for England and Wales Stephen Shaw visited Dungavel immigration removal centre as part of a sweeping review into the welfare of immigration detainees.

His report said a “surprisingly large number” of those who attended a forum organised at the South Lanarkshire facility had been detained because of alleged sham marriages, with most held after Home Office interviews in Liverpool or Manchester.

“The questions they said they had been asked by caseworkers to ascertain whether their marriage was a sham included their knowledge of their wife’s National Insurance number, the colour of her underwear, and her bra size,” added his report.

“If this was indeed the case, it is questionable whether such questions were either appropriate or useful.”

Shaw’s report also highlights concerns over the accommodation, labelling the female area within Dungavel “cramped” while pointing out there was no outdoor space set aside for use by women only.

“If Dungavel is to have a long-term future within the immigration estate, the living accommodation should be refurbished to more acceptable standards, with particular attention paid to the sleeping arrangements in the women’s dormitories,” said his report.

Shaw highlighted the absence of a restriction on movement as a positive, though detainees also claimed there was a "long wait" for healthcare appointments.   

The six-month review suggests that “both for reasons of welfare and to deliver better use of public money”, the number of people held in IRCs across the UK should be reduced.

Over 3,000 people - comprised of asylum seekers, ex-offenders and those who had been deemed not to have a legal right to remain in the UK - are currently being detained, while the number of people detained at one time or another during the year exceeds 30,000, Shaw said.

The report has called for a complete ban on the detention of pregnant women in immigration removal centres throughout the UK.

A presumption against detention of victims of rape and other sexual or gender-based violence, such as female genital mutilation, has also been recommended.

Immigration Minister James Brokenshire said: “The Government accepts Mr Shaw’s recommendations to adopt a wider definition of those at risk, including victims of sexual violence, individuals with mental health issues, pregnant women, those with learning difficulties, post-traumatic stress disorder and elderly people, and to recognise the dynamic nature of vulnerabilities.

“It will introduce a new ‘adult at risk’ concept into decision-making on immigration detention with a clear presumption that people who are at risk should not be detained, building on the existing legal framework.”

Liberal Democrat home affairs spokesman Alistair Carmichael has renewed calls for a time limit on the use of detention, saying the absence of one can lead to “enormous trauma” and have a “damaging impact” on people’s mental health.

“For the first time we have cross party support for a time limit and I am disappointed that the Government has not taken the opportunity to radically shake up the system for the better,” added the former Secretary of State for Scotland.

Brokenshire said: “A stronger focus on and momentum towards removal, combined with a more rigorous assessment of who enters detention through a new gate-keeping function, will ensure that the minimum possible time is spent in detention before people leave the country without the potential abuse of the system that arbitrary time limits would create.”

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