Unlawful HIV+ Migrants Detention

posted: 19/04/2010

Two people with HIV are claiming that the Home Office (and UK Border Agency) are illegally failing to provide them with adequate HIV treatment and care while they are held in detention for months. The same solicitors who took the Department of Health to courts for charging refused asylum seekers and other migrants for their HIV treatment, Pierce Glynn, are dealing with these two cases.

HIV+ migrants detention not ' very exceptional'

Home Office guidance says that someone with a serious medical condition (like HIV) should only be detained if there are “very exceptional circumstances.” Despite this, the Home Office has failed to justify detention of either person as ‘very exceptional’. Additionally, the standard of healthcare provided in immigration removal centres falls well below that which is essential for people with a serious condition such as HIV. For both people, during many months of detention, their HIV treatments have run out several times, and they have not been taken to appointments with their HIV consultant.

These two cases illustrate the concerns raised repeatedly by HIV organisations and HIV clinicians. These Judicial Review hearings should take place in the next two months.

Released after 8 months
In a related case, the same solicitors, Pierce Glynn, obtained the release of another HIV+ detainee who was held for eight months, again with no exceptional circumstances to justify this detention. After solicitors letters threatened a judicial review, the Home Office released the person. The solicitors are now suing the Home Office for damages due to the lengthy and unnecessary detention, and their failure to provide appropriate medical care.

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