Immigration Corner | How to appeal against an immigration decision

Dear Mr Bassie,

I have a relative who received an unfavourable immigration decision in the United Kingdom (UK) and is now facing deportation. Is there anything that can be done to appeal this decision?

EE

Dear EE,

There is a particular way to apply to be released on bail, if persons are appealing an immigration decision. Those persons must appeal to the Special Immigration Appeals Commission against an immigration decision.

Persons should be aware that the British Government may hold them in a detention centre or prison if it believes that they are a threat to national security and should be deported. However, persons can apply to be let out on bail while they are waiting for the commission to hear their immigration appeal. Please note that a British solicitor or legal adviser can help with the application.

When applying for bail, persons should fill in the form that can be obtained online. If the form cannot be downloaded, persons can ask the commission or staff in the prison or detention centre for a copy.

Persons should send the completed form to siac.poacoffice@justice.gov.uk or:

Special Immigration Appeals Commission

HM Courts and Tribunals Service

15-25 Bream's Buildings

London

EC4A 1DZ

Telephone: 0300 123 1711

Fax: 01264 785 091

Persons are more likely to have bail granted with conditions, if they have a place to stay and someone to take responsibility for them, as a ‘surety’.

The surety will have to agree to pay money if the applicant breaks the conditions of release. The surety must make sure the applicant stays in touch with the authorities and the surety will need to attend the bail hearing as well.

If possible, applicants should include the address and the name of the person who will be the surety when making the application. Please note that in Scotland, the person who will pay money is called a ‘cautioner’, and he/she will have to deposit the money before the applicant is released on bail.

When the commission holds a bail hearing and if applicants are successful and are released, those persons will have to obey conditions, like:

• Staying at a given address

• Keeping away from named persons

• Not using computers or mobile phones

If persons break any of these conditions:

• They will have to go back to prison or the detention centre

• The surety will have to pay the bail money

If the person is due to be removed from the country within 14 days, the Home Office may also have to agree to the release.

If circumstances change, for example, the successful applicant needs to move to a new address, he/she may have to ask for a change to their bail conditions. That person can ask for changes using the bail variation request form.

If persons are refused bail, they can apply again. Please note that if persons reapply within 28 days and their situation has not changed significantly in that time, then they are unlikely to get a hearing.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com