Immigration Bail

You can apply for immigration bail if the Home Office is holding you on immigration matters. The Immigration Bail replaces temporary admission, temporary release on bail or release on restrictions. You are more likely to get bail if you have a place to stay. Your application is also more likely to succeed if you have at least one ‘Financial Condition Supporter’.

Eligibility for immigration bail

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

Any person detained, or liable to be detained, under any of the following provisions is eligible to be granted immigration bail by the Secretary of State:

• Detention by immigration officers of persons liable to examination or removal
• Detention pending deportation
• Detention by Secretary of State of persons liable to examination or removal
• Detention pending automatic deportation

What factors are considered before granting immigration bail

In considering whether to grant immigration bail to a person, and which conditions to attach to the immigration bail if granted, the Secretary of State or the First-tier Tribunal must have regard to the following:

• The likelihood of the person failing to comply with a bail condition
• Whether the person has been convicted of an offence (whether inside or outside the UK)
• The likelihood of the person committing an offence while on immigration bail
• Che likelihood of the person’s presence in the UK while on immigration bail
• Causing a danger to public health or being a threat to the maintenance of public order
• Whether the person’s detention is necessary in that person’s interest or for the protection of any other person (for example, if a person is awaiting transfer to a mental health hospital)
• Such other matters as the Secretary of State or the First-tier Tribunal consider relevant (for example, the Adults at Risk in immigration detention policy)

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?

How to make a bail application:

Applications for Immigration Bail are made on:

• Form BAIL401- for applications to the Secretary of State
• Form B1- for applications to the Immigration tribunal

What conditions are imposed if immigration bail is granted:

Immigration bail must be granted subject to one or more of the following conditions:

• A requirement to appear before the SSHD or the tribunal at a specified time and place
• A restriction as to the person’s work, occupation or studies in the UK
• A residence requirement
• A reporting requirement
• Electronic monitoring, and
• Such other conditions as the person granting bail thinks

What happens if the application for immigration bail is refused

If the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss any further application for the person to be granted immigration bail without a hearing if both of the following apply:

• The application is made within 28 days of the earlier decision
• The person does not, on the papers, demonstrate to the Tribunal that there has been a material change in the person’s circumstances

At Aaryan Solicitors, team of our immigration law specialists’ can advise you on the merits of making an immigration bail application to SSHD or the Immigration Tribunal.

Why Choose Aaryan Solicitors?