WHAT IS IMMIGRATION BAIL?
If you or someone you know has been detained by the Immigration authorities, then you should seek specialist immigration legal advice as soon as you can. Under the Human Rights Act 1998, you are protected from arbitrary arrest and imprisonment, and can appeal for release from immigration detention. Immigration Bail is a request or an application to the Chief Immigration Officer (CIO) or to the Immigration Judge to release a person from immigration detention.
TEMPORARY ADMISSION/BAIL APPLICATION TO THE CIO
When working to release a detained immigrant, verbal communications with the immigration service may yield some results. If not, then will make representations 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 to present all relevant information: e.g. any change in the detainee’s health, distress to family, or more favourable conditions after release (e.g. a new address becoming available).
If the detainee is released, they will usually be required to comply with conditions such as:
- Residence at a specified address.
- Reporting to Police Station/Immigration Service.
- These conditions can be changed by applying to an Immigration Officer or Immigration Judge.
BAIL APPLICATION TO IMMIGRATION JUDGE
7 days after arrival in the UK, you can apply for bail in any type of immigration case. These applications may be made to a Chief Immigration Officer or to an Immigration Judge at Asylum and Immigration Tribunals. Therefore, if the Immigration Service refuses to grant the detainee temporary admission or bail, they can apply to an Immigration Judge at an Asylum and Immigration Tribunal.
The Immigration Judge may release the detainee on bail subject to conditions like an Immigration Officer. This will include reappearing before the Immigration Judge at a later hearing, which is usually the full appeal hearing.
It’s important to remember that the burden of proof in justifying your detention lies with the Secretary of State. In your bail hearing, the adjudicator should give a reasoned decision, but will not show this in writing.
Sureties are put forward as potential guarantors that a person will answer their bail.
The standard Bail Form has spaces for two sureties, though you could offer more, or none. It will be necessary to supply the Immigration Judge and Immigration Service/Home Office with their details so that they 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, insecure immigration status, or whose addresses are associated with absconding are unlikely to be accepted as sureties.
Your provided sureties should always attend court – non-attendance is rarely tolerated. 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 the bail applicant to ensure that the sureties can exercise some control over them. The surety should explain their relationship to the detainee, including what level of contact they have had in the past, and what they intend to maintain in the future.
If the bail applicant absconds or does not comply with the conditions of their bail, the sureties risk forfeiting all or part of their recognisance. Large sums are often required by Immigration Judges (or CIOs) and £5000 is not uncommon. The Immigration Judge will need to be satisfied that the sureties can ensure that the bail applicant will answer the bail and meet the conditions of the bail.
WHEN IS A BAIL APPLICATION MOST LIKELY TO SUCCEED?
This is a difficult question to answer, but some general rules we have observed are:
- Where a person is not facing imminent removal from the UK, it is difficult to justify ongoing immigration detention and a bail application may well succeed
- Where removals to a certain country are not possible, detention is normally 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 except for very short periods, if it is in their own best interests
- Families should generally not be detained, other than for short periods before removal
WHY CHOOSE KNIGHTSBRIDGE SOLICITORS FOR IMMIGRATION BAIL APPLICATION?
Our Immigration Law team are experts in dealing with bail applications. The quality of our service speaks for itself, as do our many positive customer reviews, which you can see here [LINK TO REVIEW PAGE]. Contact us if you legal advice and assistance with our immigration bail application. Our immigration solicitors will provide fast, friendly and professional immigration services, whatever your needs.
If you choose us to represent you regarding your immigration bail application, we will do the following casework for you:
- We 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 case;
- We will visit the detainee and those willing to stand as sureties for bail purposes if necessary;
- We will discuss your immigration case in detail and advise you about the strengths and weaknesses of your case;
- We will advise you about the documentary evidence to be submitted in support of your application;
- We will consider contents of the documentary evidence to be submitted in support of the application and discuss it with you;
- We will complete the relevant immigration forms and discuss them with you;
- We will prepare a covering letter to introduce and support the application;
- We will liaise with the Immigration Officer/Immigration Judge to speed up the decision on your application;
- We will represent you before the Immigration Judge at Asylum and Immigration Tribunals in the hearing of your bail application.