Detention And Bail Applications

If you have been detained by the UK Border Agency or under the Immigration Rules and if you have been in a removal centre or prison for a period of at least 7 days, you will be able to apply to be released on bail.

What is a Bail Application

Essentially a bail application is asking the Home Office to release you pending determination of your representations/application.

You can apply for an immigration bail to the Chief Immigration Officer (CIO) or to the First Tier Tribunal to secure your release from immigration detention.

There are four ways types of bail

  • Home Office bail
  • Release by the High Court
  • Bail from an Immigration Judge which is also called Tribunal Bail.

You can apply for bail to the Home Office as many times as you want and even when you are applying for Tribunal Bail.

Requirements

Home Office Bail

You can apply to the Home Secretary for immigration bail from the first day you arrive in the UK. This is called ’Secretary of State Bail’. To apply for Secretary of State Bail, you should download and fill in form BAIL 401 explaining why you’re asking for bail.

Your application for Secretary of State Bail will be decided by the Home Office and there will not be a bail hearing.

The application for Home Office bail is free.

Tribunal Bail

You can apply for immigration bail to the independent ‘First-tier Tribunal’ if you are in detention and arrived in the UK more than 8 days ago. Your application for immigration bail will be decided by an independent immigration judge at a bail hearing. To apply for bail to First Tier Tribunal, you should complete bail application form B1.

This is a complicated area of law with a heavy documentation requirement and requires particular attention and expertise. At London Solicitors our specialist asylum solicitors can help you gather the necessary documents and create effective bail applications. Remember the onus of proof in justifying continued detention lies with the secretary state who needs to prove that detention is necessary on the balance of probabilities.

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