Letter: Restore rights for detainees

Sir: The case of the 27 Jamaican nationals detained and returned to their home country could be the catalyst for some positive changes to immigration control. The Government is proposing to introduce new immigration rules early next year. This could be an excellent opportunity to ensure that certain procedures are put in place. These could include:

An obligation on immigration officers examining the passenger to offer the prospect of legal advice and assistance. After all, in criminal cases the mass murderer is given the right to consult a solicitor. Why shouldn't a person who is detained against his or her will?

Introduce the 'emergency' adjudicator, rather like a High Court judge, who can be called upon in circumstances such as these to review decisions quickly at little or no cost to the public purse. Visitors lost their right of appeal earlier this year. This has led to (justifiable) fears that decisions could become arbitrary since there is no independent body to which they would be accountable. This measure could be regarded as some compensation for the loss of these important rights of appeal.

The time has also come for the Government to look again at the guidelines to enable MPs to intervene as a last resort. There has not been a comprehensive study of what has happened over the past five years since their rights of intervention were watered down. In the interests of human rights and natural justice, their rights should be restored.

Yours sincerely,

MARIA FERNANDES

London, NW2

27 December