The Home Office has the power to detain individuals when exercising immigration control. However, the Home Office also has the powers not to detain and to allow the individual to be in the UK on a temporary basis.
Detailed guidelines on how the ‘power to detain’ is to be exercised provided that:
The following categories of individuals are not considered suitable for immigration detention:
If you believe you or some detainee you know fits into any of the above categories, we can arrange for your or such detainee’s quick release. It may also be possible to claim compensation for the time that you or such detainee spent illegally in immigration detention.
You can apply for bail if you are in an immigration removal centre, detention centre or prison.
You can always apply for bail if you are detained in an immigration removal centre or a detention centre.
There are two routes through which a detainee can apply for immigration bail:
It should be remembered that the Home Office has the same powers as the First-tier Tribunal to grant bail and manage the conditions of bail.
You are more likely to receive bail under the following circumstances
If you are granted bail, conditions will be imposed on what you can and cannot do. The specific conditions will depend on the particular circumstances of the case. You must agree to be compliant with the conditions which are imposed on your bail.
Examples of conditions you may have to follow:
These restrictions can be put in place anywhere; where you live; work and studies that you may undertake.
You may have to accept a ‘financial condition’, which means that you or your financial supporter [surety] will have to promise to pay if there is a breach of the bail conditions.
You will have to face consequences if any of the bail conditions are breached or broken.
Get in touch with us now on 01206 489 077 or make an enquiry online to get expert help.