What options do detainees have for release?
A detainee can apply to be granted immigration bail (colloquially known as Home Office Bail). The power to grant immigration bail is given to the Secretary of State (in practice, to a person acting on behalf of the Secretary of State such as an immigration officer), under paragraph 1 of Schedule 10 of Immigration Act 2016. The person applying for immigration bail is required to apply using the specific immigration bail application form.
Alternatively, the Secretary of State may consider granting immigration bail whether or not the person has applied for an immigration bail if the Secretary of State thinks that granting the person immigration bail is appropriate.
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First-tier Tribunal Bail
The power for Fist-tier Tribunal to grant immigration bail is contained in paragraph 1(3) of Schedule 10 of Immigration Act 2016. A person detained under the provisions listed therein can be granted bail either on application by the person or by reference by the Secretary of State.
Tribunal bail may be available for detainees for release once they have been in the UK for 8 days or more. When determining whether or not to grant bail, a judge is required to consider the likelihood of the person failing the bail condition, whether the person has been convicted of an offence, the likelihood of the person committing an offence while on bail, the likelihood of the person’s presence causing a danger to public or being a threat to the maintenance of public order and whether the person’s detention is necessary in that person’s interest or for the protection of any other person.
If an immigration bail is granted to a person, the tribunal judge must impose one or more conditions listed in paragraphs 2(1) to 2(5) of Schedule 10 of the Immigration Act. These include, appearance date condition, residence condition, reporting condition, electronic monitoring condition, financial condition, and any other condition the judge thinks fit.
The decision to detain a person can be challenged through the process of a judicial review. If it can be shown that a person has been unlawfully detained, they may be entitled to obtain compensation, apologies and other forms of redress. This can be a particularly complex process and so requires specialist experienced counsel to make a compelling case for judicial review.
How can NA Law help you if you or someone you know has been detained?
Whether you are at risk of being detained, are currently a detainee and wish to apply for bail or if you feel you are being unlawfully detained, NA Law can help you with what is often a distressing and complicated period of time in your life. Our immigration experts can help you get what you deserve and are entitled to.
Contact us today for a case assessment of your situation and to find out how we can help you.