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DETENTION AND BAIL

 Detention – Overview

The immigration legislations give broad powers to detain immigrants. The basic justification for detention may be described as follows:

  • To effect removal or deportation; or
  • To establish identity or basis of claim; or
  • To establish a person has failed to comply with condition of above to remain or being an absconder.

 

Factors Militating against Detention

Detention is authorised having taken following factors into consideration:

  • All reasonable alternatives to detention must be considered;
  • Each case must be considered on its individual merits;
  • Detention must be reasonable in all the circumstances;
  • Where the purpose of detention is removal or deportation, it should materialise within reasonable period.

In all the circumstances, the length of detention must be reasonable.

Release and Bail

Overview

Where a person is detained under the immigration legislations, then consideration must always be given to how they can be released.

A person may apply for bail in 2 ways:

  • The Home Secretary (The ‘Secretary of State Bail’) at any time while in detention; or
  • The First – tier Tribunal (Immigration & Asylum Chamber)

 

Secretary of State Bail

A person can apply for the Secretary of State bail on a prescribed form bail 401 form, explaining the reasons for bail.

The application shall be decided by Home Office staff on paper.

First–tier Tribunal Bail

A person can apply to an independent “First-tier Tribunal” for bail by completing and filing the form B1.

The bail application shall be decided at hearing.

Outcome of the Bail application:

Depending on all the circumstances, bail may be refused or granted.

If the bail granted, it will have conditions attached to it either anyone or all the following:

  • Report to an immigration officer on noted dates;
  • To live at a particular address;
  • To provide sureties with surety funds; and
  • To have an electronic monitoring tag.

 

A person can apply to change the conditions of bail.

So contact Team MT UK (Immigration and Human Rights) – Department for that expert advice and representation.