Immigration Corner | When to apply for immigration bail

Dear Mr Bassie,

My relative is being held in detention by the immigration authorities in the United Kingdom (UK). I would like to know whether he can apply for bail.

Any information would be greatly appreciated.

– TS

Dear TS,

Persons can apply for immigration bail if the Home Office is holding them on immigration matters. This means that they might be released from detention, but they will have to obey at least one condition of bail.

Persons can apply whether they are held in an immigration removal centre, a detention centre or a prison. However, they must be held on immigration matters.

Please note that those persons are more likely to get bail if they have a place to stay. Their application is also more likely to succeed if they have at least one ‘financial condition supporter’. This is a person who:

• Will pay money if they do not follow the conditions of their bail;

• Can attend their bail hearing.

Persons will need to provide information about where they will stay and their financial condition supporters in the application form.

Persons may find it harder to get bail if they:

• Have broken bail conditions in the past;

• Have a criminal record, and there is a risk they might reoffend.

Persons who were refused bail in the last 28 days will not get another hearing unless their situation has changed significantly. Those persons will need to explain what they think has changed in their application.

Applicants who are refused bail will get a written statement telling them why they were not successful.

Persons should be aware that they might not be released even if they are granted bail. If the applicants’ removal date is in the 14 days after they are granted bail, the Home Office will have to agree to their release.

Persons should note that they can apply for bail in two main ways depending on the situation. Persons will apply to:

• The home secretary (‘Secretary of State bail’) any time after they arrive in the UK;

• The First-tier Tribunal (Immigration and Asylum Chamber) – only if they arrived more than eight days after applying.

Persons might also be automatically referred for a bail hearing if they have been in detention for four months or more.

If they are appealing to the Special Immigration Appeals Commission, they can apply to them for bail. Please be aware that a solicitor or legal adviser can help persons with bail applications.

Persons are advised to read the ‘Guide on representing yourself’ if they are not going to have a legal representative.

Good luck.

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, deputy global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com