mundane in the following two sections, yet by seeming unrelated or insignificant these
measures have huge implications on producing detention. The sanctioned ignorance of the
authorities works to conceal the experiences—the counter-narrative in Spivak’s terms—of
detention in the CCAC.
From March 2022 to November 2022, people were issued a ‘restriction of freedom’ order to the
CCAC for up to 25 days the day after quarantine ended. Nevertheless, people were not
permitted to leave the CCAC until they had been issued an asylum card, regardless of whether
the 25-day period had passed. The time limit constraint of article 40 was effectively ignored by
the RIS in favour of when they considered an individual ‘identified’. As noted above, identification
is not formally defined by law. Therefore, until November 2022, the RIS claimed that a person was
only identified once they had been issued an asylum seeker card. This is despite the fact that, (i)
people were provided with an ID document (the ‘Police Note’) at the same time that the order
for ‘restriction of freedom’ was provided; (ii) people had undergone two or three interviews with
the authorities prior; and (iii) the fact that the (GAS), conducted substantive asylum interviews
before a person had received the card and therefore able to leave the CCAC for legal
counselling (21). Internal correspondence from the European Commission revealed that these
delays were the result of the lack of interpreters and a permanent doctor who could sign off on
medical checks (10). Neither the presence of interpreters nor medical checks (an essential part
of vulnerability assessments) provide a legal basis for detention. Moreover, this approach did
not provide the two-stage order and often did not follow the time-period constraint, as provided
by article 40.
That administrative delays in issuing
asylum cards partially constituted and
dismissed detention showcases how
ignorance is weaponised towards the
effect of cumulative measures that do
not have the ‘intention’ to detain people.
This is particularly true where the reasons
for these delays are the result of their own
inability to employ sufficient medical staff
and interpreters—pivotal to upholding the
fundamental rights of people in the
CCAC. Moreover, the emphasis on the
asylum cards ignored the several ways in
which people were alternatively and
already identified—such as by their
fingerprints and the police notes issued
after their first interview at the CCAC.
Referring to Spivak’s ‘sophisticated
vocabulary’, the stated use of restrictions
and identification worked to conceal how
delays issuing asylum cards and the 25day measure unlawfully detained people
in the CCAC.
© Sam Jubb
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