The Home Office can detain people subject to immigration control on the basis of powers vested on the Secretary of State by Schedule 2 and 3 of the Immigration Act 1971 (as amended). The circumstances under which an individual may be detained are when being examined for their suitability to entry, pending removal or deportation and as the members of crew of ships or aircraft. The presumption in law is in favour of liberty as opposed to detention and any detention must be justified and considered reasonable. The UK currently operates a new Bail regime under which power to grant bail is conferred on both the Secretary of State and the First-Tier Tribunal.
The power to grant bail is available to the First-Tier Tribunal only if a person is in detention and has arrived in the UK more than 8 days ago or where removal is scheduled within 14 days. The application for bail must be made using the form B1. Tribunal will arrange a hearing to take place and an independent judge will decide if the applicant should be granted bail. The applicants are not required to attend and can nominate the bail guarantor/financial support to attend or appear via video link if necessary.
Detainees have a good chance of getting bail if they can prove that they have a place to stay and have at least one ‘Financial Condition Supporter’ who can attend hearings and guarantee payment on behalf of the detainee,if bail conditions are breached. If the tribunal refuses bail, an applicant cannot re-apply within 28 days, unless there has been a material change of circumstances.
The successful bail application may be subject to a number of conditions and may include, but not limited to the following:
The applicant’s bail guarantor may be subject to a penalty if there is any breach to the bail conditions. After bail has been granted, an application to vary the conditions of bail can be made by both the detainee and the Home Office, such as moving to a new address. The applicants must use form B2 to request such changes and it is possible for the Home Office to oppose the change request. If bail conditions are breached, applicants may get tighter conditions like more frequent reporting, face potential criminal charges, or be detained. Individuals granted bail are still liable for further detention and bail ends when granted a further leave to remain removed from or otherwise leave the UK or Secretary of State considers the person no longer liable for detention and considering deportation order against the individual.
Our Immigration lawyers at City Legal can assist you in completing the Bail form and draft appropriate legal grounds to support the bail application. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.