Bail is a way of being released from immigration detention. Bail can be granted by a Chief Immigration Officer or an Immigration Judge at a hearing of the First-tier Tribunal (Immigration and Asylum Chamber).
In this section, we look at bail applications to the First-tier Tribunal. Whilst we hope you find this information helpful, we recommend that you should Contact Us for further information.
How can I apply for bail?
Anyone detained under immigration powers has the right to apply for bail if they have been in the UK for at least seven days.
If you have an immigration solicitor he or she can make the application for you and arrange for representation at the hearing. If you do not have a solicitor, or the solicitor cannot help you, then you can make the application yourself.
First of all, you must get the bail application form. Staff at your prison or detention centre should be able to give you the form.
At the same time, you can ask for the details of the Immigration Court that will hear your application. You can also find this out from any immigration staff who work in your prison or detention centre. Once you have filled in the form, this should be faxed to the relevant court; following this, you should be sent a date for your bail hearing by the court within three working days.
For a successful bail application you will usually need an address to stay at and one or two people to act as sureties. Sureties are people who will keep in touch with you and try to ensure that you do not break any conditions of release that might be made. They should also offer some money (called a recognisance) that may have to be paid to the court if you run away. Anyone with valid immigration status can act as a surety.
It will be up to the judge to decide on the conditions of release. The law does not say that you must have an address or sureties, but your application may be weaker without them.
Do I really need a solicitor to apply for bail?
No. But it may make your case stronger if you are represented.
What will happen if bail is granted?
There will be conditions attached to your release. You may be asked to report regularly to the police or to Immigration. You may have to live at a particular address. You may be electronically tagged so that a curfew can be imposed. If you break any of the conditions of release then you may be detained again straight away.
What happens if bail is refused?
You will remain in detention. You should receive a written statement of why bail was refused and this can be very useful in future applications. You can make another bail application after 28 days; if your circumstances change, you can apply sooner than this.
If you would like to find out more about how we can help, please Contact Us.
We can’t provide specific advice on your matter before you become a client, but we can give you an honest assessment of whether you’d benefit from a follow up appointment. Naturally, everything you tell us will be treated in complete confidence.
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