Immigration Corner | How to apply for immigration bail

Dear Mr Bassie,

Previously, someone enquired about what types of bail are available for immigration matters. I would like to know how to apply for these types of immigration bail. Any information provided would be appreciated.

OS

Dear OS,

There are a number of ways that persons can apply for immigration bail.

SECRETARY OF STATE BAIL

Persons can apply to the Home Secretary for bail from the first day of arrival in the United Kingdom. This is called ’Secretary of State Bail.’

Applicants should download and fill in form BAIL401 and explain why they are asking for bail.

They can also get the form from:

• The welfare officer if they are in an Immigration Removal Centre;

• Their detention paperwork pack if they are in a prison.

Please note that the application will be decided by Home Office staff and there will not be a hearing.

BAIL FROM THE FIRST-TIER TRIBUNAL

Persons are able to apply to the independent ‘First-tier Tribunal’ for bail if they arrived in the United Kingdom more than eight days from the time of application. It should be noted that the application for bail will be decided by an independent judge at a hearing. Those persons should download and fill in form B1.

If applicants for this type of bail cannot download the form, those persons can:

• Ask the staff at the place where they are being held to assist;

• Contact the tribunal – by phone on 0300 123 1711, or by email on customer.service@justice.gov.uk.

Persons who have a tribunal appeal hearing scheduled, should send the form to the tribunal or hearing centre where it is to take place. Applicants should be able to locate the address of the venue using the A-to-Z list.

Those persons who do not have an appeal hearing, should ask the staff at the place where they are being held – to fax the application to the appropriate venue.

AUTOMATIC REFERRAL FOR BAIL

The Home Office will automatically refer persons to the First-tier Tribunal for a bail hearing if all of the following are true:

• They have been in detention for four months or longer;

• They are not being detained in the interests of national security;

• There is no action being taken to deport them from the United Kingdom;

• They have not applied for bail to the First-tier Tribunal in the last four months.

They will make an application on their behalf using all the information they have.

Please be aware that persons can refuse the referral or choose to make their own bail application. The Home Office will apply on their behalf every four months, unless they apply for bail themselves.

WHAT OCCURS AT THE FIRST-TIER TRIBUNAL HEARING

There will usually be a hearing to decide if the persons applying should be granted bail. This will happen a few days after the application is received. Those persons will receive a ‘notice of hearing’ to tell them when it is to take place.

Please note that persons probably will not be in the room for the hearing, as it is more likely to happen over a video link instead.

The Home Office will send the tribunal a document listing the reasons that they believe the applicants should not get bail (a ‘bail summary’). They will also send the applicants a copy of the bail summary.

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