The Home Office, including Border Force, has the power to detain individuals when exercising immigration control. However, each time the power to detain arises, the Home Office also has the power not to detain and to allow the individual to be in the UK on a temporary basis on immigration bail.
We understand that detention can be stressful and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements and advice you on your chances of success before you proceed with challenging the unlawful detention or making a bail application. You will need to complete the relevant forms, submit grounds and collate your evidence for submission.
What factors influence a decision to detain
All relevant factors must be taken into account by the Home Office when considering the need for initial or continued detention, including:
- What is the likelihood of the person being removed and, if so, after what timescale?
- Is there any evidence of previous absconding?
- Is there any evidence of a previous failure to comply with conditions of immigration bail (or, formerly, temporary admission or release)?
- Has the subject taken part in a determined attempt to breach the immigration laws? (For example, entry in breach of a deportation order, attempted or actual clandestine entry).
- Is there a previous history of complying with the requirements of immigration control? (For example, by applying for a visa or further leave).
- What are the person’s ties with the UK? Are there close relatives (including dependants) here? Does anyone rely on the person for support? If the dependant is a child or vulnerable adult, do they depend heavily on public welfare services for their daily care needs in lieu of support from the detainee? Does the person have a settled address/employment?
- What are the individual’s expectations about the outcome of the case? Are there factors such as an outstanding appeal, an application for judicial review or representations which might afford more incentive to keep in touch than if such factors were not present?
- Is there a risk of offending or harm to the public (this requires consideration of the likelihood of harm and the seriousness of the harm if the person does offend)?
- Is the subject under 18?
- Is the subject an adult at risk?
Who is unsuitable for detention
The following categories of person are usually considered to be unsuitable for detention:
- Unaccompanied children and young persons under the age of 18
- The elderly (aged 70 or over)
- Pregnant women
- Those suffering from serious medical conditions which cannot be satisfactorily managed within detention
- Those suffering from mental health conditions or mental impairment
- Those suffering from post-traumatic stress disorder (PTSD)
- Torture victims
- People with serious physical disabilities
- Tictims of trafficking or modern slavery
- those who are transsexual or intersex
At Aaryan Solicitors, team of our immigration law specialists’ can advise you on the merits of challenging the unlawful detention or making a bail application.
Why Choose Aaryan Solicitors?
Expert Immigration team: Aaryan Solicitors has a team of expert UK immigration and family visa solicitors who can provide you legal advice and assistance with your unlawful detention or making a bail application. Headed by partner Vikramjit Singh, an acknowledged immigration law specialist and champion of those whose status here is challenged, we have a track record of successfully challenging the unlawful detention or making a bail application efficiently and cost-effectively. Contact us for case assessment, eligibility requirements and supporting documents.
Competitive Prices: We offer a competitive price service without compromising on our service. Our reputation outshines other, larger immigration law firms in London and across the country.
Flexible payment options: We understand that immigration complications often arise without notice which could become difficult in present economic climate therefore we provide flexible payment options. You may pay the agreed fees in instalments each month benefiting your needs, which will be agreed in advance.
Excellent Success Rate: : Every matter we prepare is tailor-made and thoroughly researched. As a result, our success rate is high. We pride in our highest standard of service as a result of which most of our clients return to us for their other legal matters.
Out of office hour unique service: We provide clients focused service keeping in consideration busy working lifestyle therefore out of office telephone and/or in person appointments are available, subject to prior bookings, from 6.00 pm to 8.30 pm weekdays, and on weekends and bank holidays.
To challenge the unlawful detention or making a bail application, get in touch with Aaryan Solicitors for professional, no-obligation advice.