Immigration Bail Solicitors

The Secretary of State can grant immigration bail to a person detained, or liable to detention, under the relevant powers. A detained person can use form BAIL 401 to apply to the Home Office; this route does not involve a tribunal hearing.

First-tier Tribunal bail is considered by an independent judge for a person detained under the relevant immigration powers, using form B1. The tribunal route and Secretary of State route are distinct, even though both can result in immigration bail.

• Applying for immigration bail

Eligibility for tribunal bail depends on the detention power. For someone detained for examination under paragraph 16(1) of Schedule 2 to the Immigration Act 1971, the tribunal cannot grant bail until the eight-day period beginning with arrival has ended. This is not a universal requirement to spend eight days in detention before any bail application can be made.

A person can seek Secretary of State bail from the first day of arrival. Automatic tribunal referrals after specified periods apply only to eligible cases, with exclusions; they should not be treated as a guarantee of a hearing or release for every detainee.

• Immigration bail caseworker guidance
• Understanding immigration detention

The application should identify the person’s immigration history, reasons for detention, pending decisions and why release is appropriate. It should address concerns about compliance, public protection or other risks with evidence rather than general assurances.

A proposed address and practical arrangements for reporting, health needs and support can assist. A financial condition supporter may offer to pay an agreed sum if specified conditions are breached; having such a supporter is not mandatory in every case. The supporter must understand the potential liability.

• Current detention reasons and the Home Office reference.
• Evidence about proposed accommodation and any necessary approval or support arrangements.
• Relevant health information and the progress of outstanding immigration proceedings.
• An explanation of previous missed reporting or other compliance concerns.

The tribunal considers matters including the likelihood of compliance, offending risks and other relevant circumstances. The Home Office’s bail summary sets out its position; the applicant should have an opportunity to address the concerns raised.

Hearings may take place by video. An interpreter or other participation support should be requested where needed. A grant can depend on arrangements being in place before release, so a favourable decision should not be assumed to mean immediate departure from detention in every case.

• Applying for immigration bail

Immigration bail carries conditions. These may include reporting, residence, attendance, electronic monitoring or restrictions on work or study, depending on the case and applicable requirements. The written grant should be checked carefully; bail itself is not evidence of a right to work.

Conditions continue to apply unless properly changed. A request to vary tribunal conditions is generally made using form B2, unless management has transferred to the Home Office. For Secretary of State conditions, contact the responsible Home Office officer. Breach can have serious consequences, including re-detention and potential financial or criminal consequences.

• Immigration bail conditions

Where bail has recently been refused, the tribunal may decide a further application without a hearing if it is made within 28 days and there has been no significant change. A renewed application should therefore identify what is different and why it matters.

There is a specific restriction where removal directions are in force and require removal within 21 days beginning with the bail decision date: the tribunal cannot grant bail without the Secretary of State’s consent. The actual directions and timing need checking. Challenging removal and seeking bail are separate matters, and bail does not cancel a deportation order.

• Deportation defence
• Appeals and judicial review