Complaint about unfair refusal of asylum claim and mistreatment at immigration removal centre

What happened

Before 2010 the Home Office had twice returned Mr Z to another European country because he had already claimed asylum there. In 2010 he came to the UK again.

Mr Z was detained at an IRC and says he was restrained by officers while held in isolation. He claimed that on one occasion he was handcuffed, and at other times he was restrained to keep him at the back of the cell when refusing to co–operate with officers serving him food. He was also restrained when officers cleaned the observation panel which he had covered, making it impossible for officers to see inside the cell.

Mr Z claimed asylum but left the UK before the Home Office decided his case.

In 2011 another European country returned Mr Z to the UK. The Home Office refused his asylum claim and an appeal tribunal upheld its refusal. Mr Z left the UK but another European country returned him here. The Home Office again refused his asylum claim and in September 2012 returned Mr Z to his home country.

In 2012 Mr Z raised his concerns about the IRC with the Home Office. The Home Office should have advised him to complain to the IRC.

What we found

We partly upheld this compliant. We did not find that the Home Office had mishandled Mr Z's asylum claim.

We did not find that Mr Z had been tortured or been treated unreasonably at the IRC in 2010.

We found that the Home Office's failure in 2012 to tell Mr Z to complain to the IRC about his treatment in 2010 amounted to maladministration.

Putting it right

Home Office wrote to Mr Z to apologise for its failure to advise him to complain to the IRC.