The following is a summary of information about Immigration Bail Applications. More detailed information specific to your circumstances can be obtained by contacting us
Who can apply for Immigration Bail
Any person can apply for immigration bail if the Home Office has detained them and if they are being detained on immigration matters. It is a fundamental right of every person who is detained to be able to ask a court to consider giving them bail.
A person can apply for bail whether they are held in an immigration removal centre, a detention centre or a prison.
How to apply for bail
The process starts with asking a Chief Immigration Officer (CIO) for bail. There is a form that needs to be submitted to the Home Office and it should be accompanied with all the information and documents that are being used to support the bail application. The Home Office should normally be allowed 10 working days to decide this application.
If the Home Office have not granted bail within 10 working days, an application for bail enclosing all the supporting evidence should be sent to the Immigration & Asylum First Tier Tribunal. The Tribunal will arrange for the bail application to be put before a judge very fast, usually within 72 hours.
The appellants representative must attend that bail hearing along with any sureties supporting bail. All the paperwork supporting the bail application needs to be provided to the Tribunal too. The Immigration Judge will make a decision on bail, there and then.
How likely is it that bail will be granted?
The general presumption of the Tribunal when considering a bail application is that ‘bail should normally be granted’. However; the Home Office will try hard to convince the Tribunal that they should not grant bail.
It helps a lot if the appellant can show that they have a place to stay if they are released on bail. In addition an application is more likely to succeed if there is at least one ‘Financial Condition Supporter’. This means a ‘surety’. A surety is a person who:
- will pay money if you don’t follow the conditions of your bail
- can attend your bail hearing
- will try and make sure you abide by any conditions imposed on your bail
What factors are likely to lead to bail being refused?
An applicant may find it harder to get bail if:
- they have broken bail conditions in the past
- they have a criminal record, especially for serious offences
- there is a risk they might reoffend
- there is a deportation order in force
- it is likely that the person can be deported in a short period of time
- it is considered that keeping the person detained is in the public interest
What if bail is refused?
If bail is refused the person must wait at least 28 days before applying again. Even then they must show that their situation has changed significantly
If you are refused bail, you’ll get a written statement telling you why.
If you’re due to be removed from the country
You might not be released even if you’re granted bail. If your removal date is in the 14 days after you get bail, the Home Office will have to agree to your release.
How can you help me?
We have a huge amount of experience in preparing successful bail applications. A great deal of effort and attention to detail goes into preparing a strong and convincing application for bail. With our support and our extensive experience you will have the best possible chance of being granted bail for yourself or your loved-ones.
To discuss your personal circumstances call us on 020 8401 7352 or email us.
