circumstances and subject to some limitations. Government policy is that detention is usually appropriate: (1) to effect removal from the UK; (2) at an initial stage to establish a person’s identity or reasons for being in the UK; or (3) when there is reason to believe that the person will not comply with the conditions of temporary admission or release.23 There is, in written guidance, a presumption in favour of temporary admission or release and the use of alternatives to detention whenever possible.24 UK law does not establish a time limit for detention, but UK policy requires that the Government undertakes an internal review, every 28 days and whenever there is a relevant change in circumstances, of the ongoing need for immigration detention.25 UK law also allows applications for bail and requires an automatic bail hearing every 4 months.26 However, the 4-month provision does not apply to cases in which deportation rather than administrative removal is ordered, which often entail the longest detention periods.27 Detained persons also have the right to challenge the lawfulness of their detention through habeas corpus or judicial review proceedings. Issues of Concern 13. Whilst we commend the UK for becoming one of the few States to establish an autonomous procedure for granting stateless persons leave to remain, important shortcomings persist in the UK’s approach to statelessness. This submission focuses on areas of the UK’s law, policy, and practice which undermine the protection of stateless persons and access to nationality, in particular relating to: I. Departures from the 1954 Convention in the UK’s approach to statelessness II. Procedural safeguards during the statelessness determination procedure III. Indefinite and arbitrary detention of stateless persons 23 Home Office, ‘Enforcement Instructions and Guidance’ (EIG) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/552478/EIG_55_detention_ and_temporary_release_v21.pdf, 55.1.1. 24 Ibid. Immigration Act, 2016 (2016 Chapter 19), http://www.legislation.gov.uk/ukpga/2016/19/contents/enacted, Section 61 (1)-(2) and Schedule 10 (not in force at time of writing), changes ‘temporary admission’ to ‘immigration bail’. 25 Detention Centre Rules 2001, SI 2001/238, r 9(1) http://www.legislation.gov.uk/uksi/2001/238/article/9/made; EIG (note 23) 55.8. 26 Immigration Act 2016 (note 24) Section 61 (1)-(2) and Schedule 10 (not in force at time of writing). See also ‘Bail for Immigration Detainee’s submission to the APPG on Refugees and APPG on Migration’s parliamentary inquiry into the use of immigration detention in the UK’ (Bail for Immigration Detainees, September 2014) http://www.biduk.org/sites/default/files/media/docs/BID%20submission%20to%20detention%20inquiry_%20 immigration%20bail%20Sept%202014.pdf. Judicial guidance states that although each case much be assessed on its facts, ‘it is generally accepted that detention for three months would be considered a substantial period of time and six months a long period. Imperative considerations of public safety may be necessary to justify detention in excess of six months’. Bail Guidance for Judges Presiding over Immigration and Asylum Hearings (Tribunals Judiciary, Presidential Guidance Note No 1, 2012), https://www.judiciary.gov.uk/wp-content/up loads/2014/07/bail-guidance-immigration-judges.pdf, para 19. 27 Deportation is ordered when the Government considers that presence is in the UK is not ‘conducive to the public good’ – usually where there is a criminal history. For further information about removals, deportation, and voluntary departure, see ‘Deportations, Removals and Voluntary Departures from the UK’ (The Migration Observatory at the University of Oxford, 19 Aug 2016) http://www.migrationobservatory.ox.ac.uk/resources/briefings/deportations-removals-and-voluntarydepartures-from-the-uk/. 5