Overview of Immigration Bail
Immigration bail allows certain people who are detained, or liable to detention, under immigration powers to be released into the community subject to conditions.
It does not resolve the underlying immigration case or automatically give a person permission to remain in the UK. A person released on immigration bail may still be subject to removal or deportation action.
Bail can nevertheless be an important way of securing release from detention while an immigration case, appeal or other legal process continues.
Who Can Apply for Immigration Bail?
A person held on immigration matters may be eligible to apply for immigration bail.
Applications can be made to the Secretary of State or, where the relevant requirements are met, to the First-tier Tribunal (Immigration and Asylum Chamber).
A person may apply for bail whether they are being held in an Immigration Removal Centre, detention centre or prison, provided they are being detained on immigration matters.
Applying to the First-tier Tribunal
Where eligible, an application can be made to the First-tier Tribunal.
The Tribunal will consider the circumstances of the case and the reasons relied upon by the Home Office for continued detention.
The Home Office may provide a bail summary setting out its position. The applicant can respond to the issues raised and provide evidence supporting release.
Bail hearings may take place by video link rather than with the detainee physically present in the hearing room.
What Does the Tribunal Consider?
The circumstances of each application are different.
Relevant issues can include the prospects of removal, immigration history, compliance with previous conditions, risk of absconding, criminal history, family circumstances, accommodation and any vulnerabilities.
The availability of suitable accommodation can be important when applying for immigration bail. A financial condition supporter may also be relevant where a financial condition is proposed. Providing clear details of where the applicant intends to live, together with information about any proposed financial condition supporter, can help support the bail application.
Bail Conditions
Release on immigration bail is not unconditional.
Conditions may require a person to report regularly, attend appointments or hearings, live at a specified address or comply with electronic monitoring. There may also be restrictions relating to employment or study.
It is important to understand every condition before accepting bail.
Failing to comply can have serious consequences and may affect future bail applications.
Changing Bail Conditions
Circumstances can change after bail has been granted.
A person may need to move address, change reporting arrangements or seek a variation to another condition.
Bail conditions can be varied. Where bail was granted by the First-tier Tribunal, the appropriate application should be made to the Tribunal; where the Home Office manages the bail arrangement, the relevant request may need to be made to the Home Office.
A person should continue complying with existing conditions until a variation has actually been approved.
Bail and Imminent Removal
Being granted bail does not always prevent removal.
Where removal is due to take place shortly after bail is granted, additional restrictions may apply. Where the removal date falls within 21 days of bail being granted, the Home Office may need to agree to the person’s release.
This makes the timing of a bail application particularly important where removal directions have already been set.
Bail and Deportation Cases
Foreign national offenders may also seek immigration bail while deportation proceedings or related legal challenges are ongoing.
The Home Office considers public protection and other factors when assessing continued detention in these cases. Current guidance recognises that serious offending can weigh heavily against release, although it does not mean that a person can simply be detained indefinitely.
The strength of the proposed bail arrangements and evidence supporting release can therefore be particularly important.
Our Immigration Bail Advice
We can assist with assessing the prospects of a bail application and preparing the supporting evidence.
This may include accommodation details, financial condition, supporter information, family circumstances, immigration history and evidence addressing the Home Office’s reasons for detention.
We can also advise on varying existing bail conditions where circumstances have changed.