UK Immigration authorities can detain immigration offenders, suspected immigration offenders, or persons whose leave to enter is suspended until completion of examination or pending removal directions. Persons against whom a decision to make a deportation order has been made or a deportation order is in force, may be detained pending the making of a deportation order, or pending their removal from the UK.
The alternatives to detention are temporary admission or bail. In practice, there is little difference between the two, except that the latter usually requires financial undertaking as a guarantee against absconding. Immigration officers have the power to grant either temporary admission or bail. Immigration judges and High Court judges have the power to grant bail.
It is important to note that immigration authorities often overlook the corner stone principle contained in the UKVI Operation Enforcement Manual to the effect that detention should only to be used as a last resort and only where it is necessary to effect removal, establish identity or prevent absconding, or where release from detention is not considered conducive to the public good.
In addition, there are groups considered not suitable for detention, who should be detained only in very exceptional circumstances:
- the elderly, especially where supervision is required;
- pregnant women;
- those suffering from serious medical conditions;
- those who are mentally ill;
- those who had been suffered torture;
- people with serious disabilities.
If you have been detained by the Immigration authorities or know someone who has been detained then you need to seek specialist immigration legal advice. Freedom from arbitrary arrest and imprisonment is a fundamental human right, legally enforceable throughout the UK by virtue of the Human Rights Act 1998. At City Legal, we can assist you in requesting an Immigration Bail to the Chief Immigration Officer (CIO) for release of a person from immigration detention.
Temporary Admission/Bail Application to the CIO
If an immigrant is detained we give consideration as to how the person detained can be released. In the first place verbal communications with the immigration service may yield some results. Then representations are made to the Chief Immigration Officer (CIO) that the person detained be released on Temporary Admission (TA).
The Immigration Service reviews the detention on a regular basis so it is important that all relevant information is put before them: e.g. any change in the detainee’s health, distress to family, or more favourable conditions should release be considered (e.g. a new address becoming available).
If the detainee is released they will usually be required to comply with conditions.
The usual conditions are:
1) Residence at a specified address.
2) Reporting to Police Station or /Immigration Service.
3) Sureties. These conditions can be varied by an application to an Immigration Officer or Immigration Judge.
At City legal we understand that its very frustrating to be detained by the Immigration authorities and our expert advisers can assist you to be released without further delays. Please call us on 0330 058 3929 if you or a member of your family requires assistance with Immigration Bails or Temporary admission to the UK.