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
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.