Bail Applications

Article 5 of the European Convention on Human Rights provides Right to liberty and security in which it states that everyone has the right to liberty and security and no person shall be deprived of his liberty, save in certain situations provided in under the legal rules. This article will be relevant where immigrants are detained to prevent unauthorised entry to the UK, or detained pending deportation or removal, or where a passenger is detained for more examination. It is expected that Immigration Solicitors would have to speak up for unlawful detentions, right to be granted Temporary Admission or to be granted with a bail.
A person, who finds themselves to be in detention due to the following circumstances, has a right to seek for a bail application:

  • new arrivals to the UK who are detained for more than 7 days pending examination;
  • those whose leave to enter is cancelled or leave to enter is refused;
  • suspected illegal entrants and overstayers pending the giving of directions;
  • following a decision to deport/ a recommendation for deportation by a criminal court or there is a deportation order against you.

So what must you do if you are detained by the Immigration Officers?

If you or your friend or a family member has been detained by the Immigration Officers then you need to seek specialist legal advice from Immigration Solicitors like ourselves in order for us to assist the detainee to be released on bail. The whole situation would be highly stressful and Immigration Officers would be acting very quickly in seeking removal directions on your behalf from the UK. You cannot afford to waste any time and need to seek for legal assistance.

How can we help you in securing a release?

We can submit an application to the UK Immigration Services for Temporary Admission or Temporary Release or an application to the Chief Immigration Officer (CIO) for bail. Therefore if the Chief Immigration Officer refuses to grant you temporary admission or bail, then you have further right to apply for a bail to the Immigration and Asylum Chamber (IAC).

When a Bail Application is made to the IAC then you will have to attend a Bail Hearing or to give evidence on camera from your detention centre. The Immigration Judge may release you on a bail subject to certain conditions or may decide not to release you on bail.
What sort of conditions can be attached to the release?

  • that you agree to comply with all the conditions of the bail
  • a friend or relative agrees to stand as a surety i.e to pay an amount of money to secure your release and they must give an undertaking in courts to ensure that you would comply with all the bail conditions
  • that you will reside at a certain address and will not abscond
  • you will agree to be electronically tagged
  • you will report to the Immigration Service at a frequency of, for example, once a day, once a week or once a month

When is a bail application most likely to succeed?

What was the FAQ here?

This is a difficult question to answer, but some general guidance is possible:

  • Where a person’s removal from the UK is not imminent and or pro long detention can be unlawful and it breaches the detainee’s human rights
  • Where removals to a certain country are not possible for practical or other reasons, detention would normally be unlawful and a bail application should succeed
  • Where a person is a survivor of torture, they should not be detained
  • Unaccompanied minors should never be detained other than for a very short period in their own best interests
  • Families should not generally be detained other than for short periods before removal

In order for your bail application to be successful:

  • You must provide us two sureties that we could forward as guarantors to the court and who is willing to pay at least £2,000 each to the courts in order to secure your release;
  • Your sureties must not have any criminal convictions or insecure immigration status or whose addresses have in the past been associated with absconding.
  • The sureties must attend the court and they must provide proof of ID, proof of address, proof of employment or occupation, financial status and the evidence of the address that is available to the detainee.