106
SECTION I.A.1
and highlights two characteristics of the legitimate purpose
cited. Firstly, ‘foreigners’ are detained in detention centres for
administrative expediency i.e. to prevent them from committing
‘the act of vanishing’.175 This is to ensure the availability of a
person declared as a foreigner by the FT for the removal action,
i.e. deportation. Secondly, the detention of foreigners is for the
purpose of eventual deportation. The White Paper explicitly
states that an individual declared as a ‘foreigner’ is detained until
they are pushed back to their country of origin.176 It also clearly
states the concerning Indian practice of pushbacks where
‘foreigners’ are compelled into Bangladesh by Border Security
Force given the lack of a bilateral deportation policy between
India and Bangladesh.177 The White Paper does not talk about the
existence of review mechanisms that seek to periodically review
circumstances relevant to each individual case (feasibility of
deportation within a given timeframe, possibility of release, etc.).
It is important to note that detention of ‘foreigners’ solely
for the purpose of ‘administrative expediency’ is not a legitimate
purpose under international law. This is further reflected in
Guideline 27 of the Equal Rights Trust Guidelines to Protect
Stateless Persons for Arbitrary Detention (‘ERT Guidelines’).178
However, the State may frame its legitimate purpose as
deportation to obscure the administrative convenience involved
in its action. It may cite justifications of ‘flight risk’ i.e. person
may disappear if not detained. In such circumstances, however,
the removal action must be imminent – ‘a matter of hours or a
day’.179 It is clear that the deportation of any person detained in
detention centre in Assam is not imminent as per this standard.
175 Home and Political Department, Government of Assam, Foreigners’ Issue (n 162).
176 ibid.
177 ibid.
178 ERT Guidelines (n 170).
179 British Institute of International and Comparative Law, ‘Immigration Detention And The Rule Of
Law: Safeguarding Principles’ (2013) <https://www.biicl.org/files/6559_immigration_detention_and_
the_rol_-_web_version.pdf> accessed 25 July 2020.
SECURING CITIZENSHIP
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents