This article will briefly be discussing what can be done if you’re detained in an immigration removal centre. This article will be explaining how you can make an application for immigration detention bail and what factors affect the chances of being granted it. On 15 January 2018 new immigration detention bail rules came into force and abolished all previous guidance on temporary admission/release.
The new guidance provides for 2 ways in which you can apply for immigration detention bail; which bail you apply for ultimately depends upon your personal immigration circumstances.
The first factor to consider is if you are eligible for immigration bail.
Who is eligible for immigration detention bail?
The Home Office guidance states as follows:
• Paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention by immigration officers of persons liable to examination or removal)
• Paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation)
• Section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State of persons liable to examination or removal)
• Section 36(1) of the UK Borders Act 2007 (i.e. detention pending consideration or making of an automatic deportation order against a foreign criminal).
Even if no longer detained, if a person is still liable to be detained, or if the Secretary of State is considering whether to make a deportation order under s.5(1) of the IA 1971, a person may be granted or remain on immigration bail.
What are the two ways you can apply for immigration detention bail?
• The Home Secretary (Secretary of State bail) – this can be applied for any time after you have arrived in the UK
• The First-Tier Tribunal (Immigration and Asylum Chamber) – you may only apply this way if you’ve been in the UK for more than 8 days
Secretary of State bail application
You must fill in form BAIL401. This application will be decided by Home Office staff and there is no hearing.
First-tier Tribunal application
You must fill in form B1. This application will be decided by an independent judge at a hearing. This form should be sent to an immigration tribunal for a hearing to be scheduled. After the application has been received you will receive a notice of hearing to update you on the location and time of the hearing.
What factors ensure you’re more likely to be released on bail?
• If you have accommodation to stay at
• If you have at least one financial condition supporter (surety) who will be able to satisfy the tribunal as a capable surety and also would be in a position to pay money if you fail to follow the conditions of your bail
What decreases the chances of being granted immigration bail?
• Broken immigration bail/temporary admission conditions in the past
• Previous criminal record and risk of re offending
What conditions might be imposed if you’re granted bail?
• Report regularly to an immigration official
• Attend an appointment or hearing
• Be restricted on where you can live
• Have an electronic monitoring tag
• Have restrictions on the work or studies you can do
• Obey any other condition decided by the person granting your bail
This article has summarised briefly how to apply for immigration detention bail. However, each case has its own merits. If you are detained or are a family member / friend of someone who is detained, do not hesitate to contact us for further help in how to apply successfully for immigration detention bail.
Contact our Immigration Bail Solicitors
For expert advice and assistance in relation to an application for immigration bail, contact our immigration solicitors in London on 0203 755 2858 or via email: firstname.lastname@example.org
By M Khalid Bashir
Abbott & Harris Solicitors
Real people with real advice.