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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.

Services Provided

  • Following the receipt of instructions, assessing the merits for securing bail, either immigration bail or First-tier Tribunal bail.
  • Advising on law and immigration rules relating to securing bail.
  • Advising, collating and verifying all the evidence including experts, if required.
  • Applying, in the first place, for the immigration bail with all the relevant documentation.
  • Filing a formal application where the immigration bail is refused, to a First-tier Tribunal for bail with all the relevant documentation.
  • Studying and analysing the bail summary filed and served by the Secretary of State for the Home Department and advising accordingly.
  • Attending upon you in the detention centre, if appropriate.
  • Preparing and forwarding a brief to Counsel to represent at the bail hearing.
  • Advising about the outcome of the bail hearing including any further steps you need to take.


i. Application submission

Application for the Bail at the First Tier Tribunal from instructions received, on average, is likely to take up between 1 – 2 weeks.

ii. Application decision

MT UK cannot predict the outcome of your application.


Category of Costs: Agreed/Fixed Costs

Costs: Average from £1,750.00

(All quoted figures exclude VAT unless specifically stated; if chargeable, VAT shall be charged @ 20%).

On average, this type of work takes 12 to 15 hours to complete.  The precise number of hours depend on the complexity of the case.

Costs quoted do not include:

(All quoted figures exclude VAT unless specifically stated; if chargeable, VAT shall be charged @ 20%).

Who will carry out the work:

  • Solicitor/Director assisted by a Paralegal
  • All work supervised by the concerned Director