A man has tested positive for coronavirus after being placed in an immigration removal centre despite his symptoms, fuelling concerns that hundreds of detainees are at risk as the Home Office continues to hold them.
Lawyers have also warned that a number of people with pre-existing medical conditions are still in removal centres despite the department saying it would “imminently” carry out reviews to identify and release vulnerable detainees three weeks ago.
A notice distributed to people held in Brook House removal centre on Tuesday states that a detainee who was placed there on 2 April tested positive for Covid-19 on Sunday. It said that he was moved onto the “isolation wing” on 5 April.
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It marks the second confirmed case across the detention estate and the first in Brook House, although there have been reports of other detainees in the centre showing symptoms in recent weeks, including one man who was reportedly serving food to other detainees just before he fell ill.
People held in immigration detention either have no criminal convictions or have already served the sentence for any crime they committed. They are placed in detention for the purpose of deporting them, but due to coronavirus removal flights are not currently taking place.
Hundreds of detainees have been released from removal centres in the UK in response to the pandemic, but between 400 and 500 people are estimated to still be locked up, which lawyers argue is illegal because there is no prospect of removing them.
Detainees in Brook House told The Independent they were fearful that they or others could have contracted the virus because the man who tested positive is said to have been using shared facilities in the days before.
Leo Nokaneng, a Zimbabwean national who has been in Brook House since February, and has been advised to shield himself during the pandemic because he has asthma, said: “He was walking around, using the gym, using the IT room. I think more people might be infected. I’m asthmatic, so its a worry. There are so many other people at risk too.
“There’s not social distancing in here. We’re in single cells now, but I’ve been told to shield for 12 weeks because of my asthma. So I’m trying to do that, but I still need to go out to get my food. People are still congregating in the food hall and in other parts of the centre.”
The 30-year-old, who is detained on the basis of a crime he committed 11 years ago and for which he has served his sentence, questioned why the government was releasing thousands of prisoners from jail, but continuing to hold immigration detainees despite there being no prospect of removal due to travel bans.
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“If they can release 4,000 prisoners, what about us? The definition of a removal centre is to deport people. If a deportation order isn’t imminent, you’re not meant to be detained. Right now, there are no flights. So in each and every one’s case, their deportation isn’t imminent,” he said.
“Someone is going to die in here, trust me. There’s no control. They say we can’t mix with other wings, but the officers on different wings mix at lunch time. We’re always going to be at risk in here. They need to release people, and then if they need to they can put them back in detention after this coronavirus. This is about people’s health.”
A legal challenge on 26 March called for the release of those from about 50 countries to which the Home Office is currently unable to effect removals and of detainees who are particularly at risk of serious illness or death if they catch the disease.
The High Court rejected the demands on the grounds that the Home Office was already assessing the vulnerability of individual detainees and taking steps to make detention centres safer. The department’s legal representative said reviews to identify the most vulnerable detainees were under way and due to be completed imminently.
The Independent can confirm that lawyers plan to issue judicial review proceedings next week for four detainees whom the Home Office has not yet reviewed, despite the fact that they have underlying medical conditions and would be at high risk if they contracted Covid-19.
Duncan Lewis Solicitors, the law firm representing the individuals, said they suffered from a range of health issues that placed them at higher risk, including asthma, mitral valve prolapse – a heart condition – cardiovascular disease and hypertension.
Georgia Banks, caseworker at Duncan Lewis, said the Home Office was currently relying on bail applications and individual applications to the High Court to release individuals, and that this did not provide a reliable or fast enough solution.
She added: ”The Home Office continues to detain individuals who they know cannot be deported due to travel restrictions and who could be at significant risk if they contract coronavirus. An outbreak of coronavirus in immigration removal centres does not only pose a massive risk to the vulnerable individuals detained within them, but is also a significant public health risk.
“Those who are at high risk of being hospitalised if they contract the virus should be released immediately, so that they can properly self-isolate and protect themselves from the serious danger they face from the disease.”
Bella Sankey, director of Detention Action, said: “The home secretary’s response to this crisis is dangerously out of step with the rest of government, as shown by her decision to detain somebody with Covid-19 last week putting hundreds of other detainees, staff and their families at risk.
“Despite assurances to the High Court, her detention centres continue to imprison and endanger desperately vulnerable people, including trafficking survivors, and to what end?
“If the prison service is able to release serving offenders before time, surely the home secretary can bring herself to release those who are detained only for her own administrative convenience.”
A Home Office spokesperson said: “We are responding to the unique circumstances of the coronavirus outbreak and following the latest guidance from Public Health England.
“We have robust measures in place to deal with any cases of coronavirus. This has been supported by the High Court, who recently ruled that our approach to detention and coronavirus was sensible, with the appropriate precautionary measures in place.
“The public expects that we maintain law and order and keep them safe from high-harm individuals, which is why the vast majority of those currently in detention are foreign national offenders.”
