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