The Home Office can detain people subject to immigration control on the basis of powers vested on the Secretary of State by Schedule 2 and 3 of the Immigration Act 1971 (as amended). The circumstances under which an individual may be detained are when being examined for their suitability to entry, pending removal or deportation, and as the members of the crew of ships or aircraft. The presumption in law is in favor of liberty as opposed to detention and any detention must be justified and considered reasonable. The UK currently operates a new Bail regime under which power to grant bail is conferred on both the Secretary of State and the First-Tier Tribunal.
Tribunal Bail Eligibility
The power to grant bail is available to the First-Tier Tribunal only if a person is in detention and has arrived in the UK more than 8 days ago or where removal is scheduled within 14 days. The application for bail must be made using form B1. Tribunal will arrange a hearing to take place and an independent judge will decide if the applicant should be granted bail. The applicants are not required to attend and can nominate the bail guarantor/financial support to attend or appear via video link if necessary.
Detainees have a good chance of getting bail if they can prove that they have a place to stay and have at least one ‘Financial Condition Supporter’ who can attend hearings and guarantee payment on behalf of the detainee if bail conditions are breached. If the tribunal refuses bail, an applicant cannot re-apply within 28 days, unless there has been a material change of circumstances.
The successful bail application may be subject to a number of conditions and may include, but are not limited to the following:
- Reporting to an Immigration Official regularly;
- Restrictions on the residence of the person being granted bail;
- Attend an appointment or hearing;
- Electronic monitoring by tag;
- Restrictions on work or studies;
- Compliance with all conditions agreed upon with the granting of bail.
If the applicant’s bail guarantor violates the bail requirements, the guarantor may face a penalty. After bail is granted, both the inmate and the Home Office can apply to change the conditions of bail, such as transferring to a new residence. The applicants must utilize form B2 to propose such adjustments, and the Home Office has the right to refuse the request. If bail requirements are not followed, applicants may face stricter conditions such as more frequent reporting, criminal charges, or detention. Individuals granted bail are still subject to further detention, and bail expires when the person is granted additional leave to remain removed from or otherwise leave the UK or the Secretary of State considers the person no longer liable for detention and considers a deportation order against them.