Obtaining bail while in immigration detention

Dear Mr Bassie,

MY NEPHEW has been held in the United Kingdom on an immigration matter. He has told us that he may get bail. My family and I would like to know if this is possible. Any information would be comforting to us.

– FS

Dear FS,

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

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.

CIRCUMSTANCES MORE FAVOURABLE TO BAIL BEING GRANTED

Persons are more likely to have bail granted 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 the person seeking bail does not follow the conditions of their bail.

• Can attend the bail hearing. Persons applying for bail must give information about where they will stay and their financial condition ssupporters in the application form.

WHEN PERSONS MIGHT NOT GET RELEASED ON BAIL

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 that they may reoffend.

If persons were refused bail in the last 28 days, they will not get another hearing unless their situation has changed significantly. Persons applying are encouraged to explain what they believe has changed in their application. Please note that if they are refused bail, they will get a written statement telling them why.

PERSONS DUE TO BE REMOVED FROM THE COUNTRY

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

CONDITIONS OF YOUR BAIL

If persons are granted bail, there will be at least one condition that they will have to obey.

They might have to:

• Report regularly to an immigration official.

• Attend an appointment or hearing.

• Be restricted on where they can live.

• Have an electronic monitoring tag.

• Have restrictions on the work or studies they can do.

• Obey any other condition decided by the person granting their bail.

As previously mentioned, the applicant or their financial condition supporter might have to promise to pay money if the applicant breaks any of the conditions of bail that applies to them. This is called a ‘financial condition’. Persons should be aware that these conditions can be changed after bail is granted.

BAIL VIOLATION

Persons should be aware that if they do not follow the terms of their bail, they might:

• Have their bail conditions changed so that there are tighter restrictions

• Be charged with a crime

• Have to pay the money agreed at the hearing – or their Financial Condition Supporter might have to pay

• Be returned to detention

CHANGE THE CONDITIONS OF BAIL

With respect to changing the conditions of bail, persons can ask to change (vary) the conditions of their bail, for example, persons may need to move to a new address.

If the First-tier Tribunal granted the bail, fill in Form B2 and send it to the nearest First-tier Tribunal Hearing Centre. Please note that the Home Office might oppose the request. If the management of the bail has been transferred to the Home Office, then contact them instead. However, if persons are on Secretary of State bail, speak to an immigration officer.

It is important to note that persons must continue to obey the conditions of their bail until a decision has been made to change them.

I hope this helps.