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 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


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.