Guidance for examining officers in circumstances where a person who is detained under Schedule 7 to the Terrorism Act 2000 claims that they are a refugee or asylum seeker.
- broad subject: terrorism and organised crime
- sub category: counter-terrorism
- implementation date: 15/10/2014
- from: Office for Security and Counter-Terrorism (OSCT)
- for more information contact: Schedule 7 team 020 7035 0653 or 020 7035 5626
- addressed to: College of Policing, Chief Officers of Police, Police and Crime Commissioners
The Anti-social Behaviour, Crime and Policing (ASBCP) Act 2014 made amendments to Schedule 7 to the Terrorism Act 2000 to reduce the potential for the power to be operated in a way that might interfere with individuals’ rights unnecessarily or disproportionately, whilst still retaining the operational effectiveness of the provisions to protect the public from terrorism.
All examining officers need to be aware that on 31 July the first tranche of these changes were commenced, alongside a revised code of practice for examining and review officers under Schedules 7 and 8 to the Terrorism Act 2000.
The following guidance is provided for examining officers in circumstances where a person who is detained under Schedule 7 claims that they are a refugee or have applied, or intend to apply, for asylum status:
Paragraph 50(c) of the code specifies that where a detained person who is a citizen of a country with which a bilateral consular convention or agreement is in force, which requires notification of an individual’s detention, then the notification of their detention must be sent to the appropriate High Commission, Embassy or Consulate as soon as practicable. If the detained individual has dual nationality, this would require both countries to be informed.
However, when a detained person claims that they are a refugee or have applied, or intend to apply, for asylum status, the examining officer must ensure that UKVI (formerly the UK Border Agency) is informed as soon as practicable. UKVI will then determine whether compliance with the relevant international obligations requires notification of the detention to be sent and will inform the examining officer as to what action is required.