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Section 12 of the Illegal Migration Act modifies the common law position, making it for...
Conclusion
Section 12 of the Illegal Migration Act modifies the common law position, making it for the Secretary of State, and not the courts, to determine what is a reasonable period of detention. We agree with our predecessor 62 Committee and recommend the repeal of section 12 to restore certainty and ensure compliance with Article 5. (See Amendment 14, Annex). (Recommendation, Paragraph 103)
Source
Committee
Human Rights (Joint Committee)
Report
4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill
20 Jun 2025
HC 789
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
1.0 yr
Report published
20 Jun 2025