Immigration Bail Application

immigration and bail application

What is Immigration Bail?

Immigration Bail application is a request to be released from detention. If you have been detained by the Home Office or know someone who has been detained, then you need to seek specialist immigration legal advice. At ICS Legal, we will advise, support and prepare the immigration bail application and we will ensure that is done correctly. You can call our team on 0207 237 3388, send us an email on info@icslegal.com or you can complete the contact form to request a call back by clicking here

Freedom from arbitrary arrest and imprisonment is a fundamental human right, legally enforceable throughout the UK by virtue of the Human Rights Act 1998. An Immigration Bail is a request or an application either to the Chief Immigration Officer (CIO) or to the Immigration Judge for release of a person from immigration detention.

Reasons for detention

Home Office sets reasons for being detained and a person who overstays their limited leave is liable to administrative removal under section 10 of the 1999 Act. When considering the applicability of section 10 removal powers it is best practice to apply the interpretation of overstaying as found in paragraph 6 (Interpretation) of the Immigration Rules:

  1. ‘‘Overstayed’ or ‘Overstaying’ means the applicant has stayed in the UK beyond the: time limit attached to the last period of leave granted, or period that his leave was extended under sections 3C or 3D of the Immigration Act 1971.’
  2. Note that an invalid application does not trigger section 3C (see Mirza and Ors, R (on the applications of) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016).
  3. Following amendments made to the appeals regime by the Immigration Act 2014 on 6 April 2015, curtailment and revocation decisions no longer give rise to a right of appeal, with the result that section 3D applies only to persons whose leave was curtailed or revoked prior to that date.

The Home Office policy continues to set out policies for those who can be detained, including but not limited to, breach of conditions, illegal entry etc.

A person is an illegal entrant and liable to be removed under schedule 2 to the Immigration Act 1971 if they entered the UK unlawfully without leave, whether knowingly or not. Entry without leave includes:

  • clandestine entry;
  • unwitting evasion of the control;
  • absconding from temporary admission.

A person who has apparently returned to the UK and been granted entry having previously been dealt with as an illegal entrant or other offender will merit close questioning as to whether the full facts of their immigration history were known when they were granted leave.

Immigration Bail Application to the Chief Immigration Officer

A person who has been detained, can look to submit an application to be released from detention. It is required to be submitted with legal grounds and specified evidences. That application is made to the case working unit dealing with the actual removal directions. It is best practice to understand who is ultimately making the final decision. Second guessing is not advisable, given the legal consequences, so it is best that you speak to an Immigration Lawyer, who can advise and prepare this for you.

Home Office would consider their legal position depending on what is put forward including the evidences. You can avoid the court’s interference if there are merits to your matter.

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.

Immigration Bail Application to the Immigration Judge

If the Home Office refuses to grant release from detention, then you can submit an application to be released through the court. You must have been detained for more than seven days before an application can be made to the Judge.

It is not simply enough to lodge an application for you to be released. Your legal position needs to be evaluated before such an application is made to the court. This is because you may not have any legal matters outstanding, therefore the filing of the immigration bail application to the Judge is not always the best answer.

Once you have understood your legal position, then you should proceed with an application to be released. This should be lodged to the most appropriate court. Once filed, the clerks will advise you that a court hearing would be scheduled and usually, these are heard within 3-7 working days.

Once the court sets a hearing date, you would be tasked to lodge a “bail appeal bundle” with legal grounds and evidences to rely at the court hearing. Your sureties would also have to attend as witnesses.  Remember at the bail hearing that the burden of proof in justifying detention lies, given the presumption in favor of bail, with the Secretary of State to the balance of probabilities. The adjudicator should give a reasoned decision, albeit that it is not in writing.

The Immigration Judge may release the detainee on bail subject to conditions similar to those an Immigration Officer may impose. This will include reappearing before the Immigration Judge at a later hearing usually the full appeal hearing.

If you’re granted bail, it will have conditions attached. You’ll have to live at the address you gave in your application and report regularly to an immigration official. There may be other conditions.

If you don’t follow the terms of your bail:

  • you may be returned to detention;
  • you or your sureties may have to pay the money agreed at the hearing;
  • your cautioners may lose the money they deposited (Scotland only).

You can ask to change some conditions, eg if you need to move to a new address.

Sureties/recognizance

Sureties are put forward as potential guarantors that a person will answer their bail. The standard Immigration Bail Form has spaces for two sureties, though there is no requirement that there are a pair: you could offer more, or none. It will be necessary to supply the Immigration Judge and Home Office with their details so that the individuals in question, and their addresses, can be the subject of investigation via the national police computer. Two days notice should be given to the Secretary of State for this purpose.

Those with criminal convictions or insecure immigration status, or whose addresses have in the past been associated with absconding, are unlikely to be accepted as sureties.

The sureties should always attend court – it will rarely be the case that non attendance will be accepted. The surety should have proof of ID, address, occupation, financial status, immigration status (ideally British citizenship/Indefinite leave to remain) and evidence of the address that is available to the detainee.Immigration Judges prefer a surety who is living with or near bail applicant to ensure that the sureties are able to exercise a measure of control over them. The surety should explain their relationship to the detainee, and what level of contact they have had with them in the past, and intends to maintain in the future.

If the bail applicant absconds or does not comply with the conditions of bail, the sureties risk forfeiting all or part of their recognizance. Large sums are often required by Immigration Judges (or CIOs) £5000 is not uncommon. The Immigration Judge will need to be satisfied that the sureties are suitable and will ensure that the bail applicant will answer the bail by complying conditions of the bail.

When is a Immigration Bail Application most likely to succeed?

This is a difficult question to answer, but some general guidance is possible:

  • Where a person’s removal from the UK is not imminent, it is difficult to justify ongoing immigration detention and a bail application may well succeed.
  • Where removals to a certain country are not possible for practical or other reasons, detention would normally be unlawful and a bail application should succeed.
  • Where a person is a survivor of torture, they should not be detained.
  • Unaccompanied minors should never be detained other than for a very short period in their own best interests.
  • Families should not generally be detained other than for short periods before removal.

Why ICS Legal Solicitors for Immigration Bail Application?

The immigration solicitors at ICS are experts in dealing with immigration bail applications. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for release on bail from immigration detention and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your immigration bail application, we will do the following immigration casework for you:

  • Our immigration solicitors will take detailed instructions from you and advise you about the relevant immigration law and procedure to be adopted by the Immigration Authorities in your immigration case.
  • Our immigration solicitors will visit the detainee, if necessary, and also attend upon those who are willing to stand as sureties for bail purposes.
  • Our immigration solicitors will discuss your immigration case in detail with you and advise you about the weaknesses and strengths of your immigration case.
  • Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application.
  • Our immigration solicitors will consider the contents of the documentary evidence to be submitted in support of the application and discuss the same with you.
  • Our immigration solicitors will complete the relevant immigration form and discuss the same with you.
  • Our immigration solicitors will prepare a covering letter to introduce and support the application.
  • Our immigration solicitors will liaise with the Immigration Officer/Immigration Judge for an expeditious decision on the application.
  • Our immigration solicitors will represent you before the Immigration Judge at Asylum and Immigration Tribunal in your hearing of bail application.

As a starting point, please fax us on 0207 112 8479 with the reasons for detention, as this would allow our team to understand the legal reasons why you have been detained. Please provide your contact details so we can get in touch with you.

If you cannot fax, then please contact our team on 0207 237 3388 or e-mail us on info@icslegal.com