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What is Immigration Bail?

A person can be detained by the Home Office. This often happens when the Home Office suspects that a person does not have valid leave to enter or remain. People are also often detained when the Home Office perform a raid and find people working that are suspected to be in breach of their conditions.

When a person is detained, there is an avenue for the person to apply to be released on Bail. When a person is in immigration detention, bail can be granted by an immigration officer (acting for the Home Office) or they can apply for release to a Judge of the First-tier Tribunal.

When can I apply for Immigration Bail

An application for Bail can be made at any time after a person is detained. However, it may be advisable in some cases to gather key evidence (such as proposed place of accommodation) before making the application to stand a better chance of success.

There are also cases where a Bail hearing happens automatically. The law provides for an automatic bail hearing to be listed after a person has been detained for four months or for four months since their last bail hearing. Automatic bail hearings are made by the Home Office, who refer the case to the First-tier Tribunal if four months have passed since the detention began or since the last hearing.

At Batley Law, we routinely assist clients in making Bail applications. If you or a family member are currently detained, and require expert advice and representation, call us today.

What are my chances of being granted Immigration Bail?

The Home Office or an Immigration judge at a hearing are likely to take into account the following factors when deciding whether or not to grant Bail:

  • Risk of Absconding – The Home Office tend to argue in most cases that if a person is granted Bail, they will abscond. It can be useful to show a person’s history of compliance with reporting conditions where appropriate to try and rebut this argument. It may also be useful to agree to conditions (such as reporting, curfew or tagging) to allay these concerns if a person has a poor history of compliance;
  • Imminence of Removal – If the Home Office are seeking to remove a person who has applied for Bail, and that removal is due soon, then the chances of Bail are tougher. Conversely however, if the Home Office are unable to provide a date as to when the person is to be removed, this strengthens the argument for Bail to be granted.
  • Risk of Offending – If the person in question has previous history of offending, the Home Office or Tribunal will need to consider the risk of re-offending whilst on Bail. Any positive sentencing remarks or reports from probation officers can help in showing that the risk of re-offending is reduced.
  • Suitability for detention – If the person currently detained is vulnerable (because of a mental health condition, or because they have bene a victim of torture or trafficking), then arguments should be made that continued detention is not appropriate and that Bail should be granted.

When will Immigration Bail be refused?

A judge will refuse bail if:

1. The application is made within 8 days of a person’s arrival in the United Kingdom, where the person has been detained pending examination of their identity;
2. A bail application has been refused within the last 28 days, unless there has been a ‘material change in the person’s circumstances’;
3. If the Home Office has set a date for your removal from the UK within 14 days of a bail hearing.

What are Bail Conditions?

Bail conditions are often spoken about in the context of Immigration Bail. The law requires that at least one condition must be imposed. You will therefore never be granted unconditional Bail.

If a Tribunal judge is minded to grant Bail, he/she can impose conditions on it. Some examples of conditions that may be imposed are:
(a) a condition requiring the person to appear before the Home Office for ‘reporting’ at a specified time and place (usually weekly or fortnightly);
(b) a condition about the person’s residence;
(c) an electronic monitoring condition);
(d) a curfew;
(e) financial conditions (i.e. that someone promises to forfeit a sum of money if the person absconds).

How to apply to the Tribunal for Immigration Bail?

In order to apply for Immigration Bail to a Tribunal, you must complete and submit a B1 Bail form. There is no fee to pay. Remember, you cannot apply if you have already applied within the last 28 days and there has not been a material change of circumstances.

The B1 form should provide as much detail as possible in relation to the proposed accommodation if bail is granted and also whether anyone is willing to provide a financial surety for the application.

The Tribunal will then list the case for a Bail hearing.

On the day before the hearing, the Home Office must provide to the Tribunal, and the applicant, a Bail summary setting out the reasons why the Home Office opposes a grant of Bail.

How Can Batley Law help with Immigration Bail?

Our team of expert lawyers can help you to:

  • Assess your circumstances and advise you of the best time to make a Bail application;
  • Make the Bail application on yoru behalf;
  • Advise you of the best evidence that can support your Bail application;
  • Liaise with family members to support your application;
  • Represent you at the Bail hearing.

To discuss your case further, contact us today.

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