We recently received the wonderful news that our client’s (“the Applicant”) Immigration Bail application under Schedule 10 of the Immigration Act 2016 was successful. In our initial consultation with the Applicant’s sister, we explored the Applicant’s aims and long-term objectives. It was clear from the onset that this was a complex immigration matter as the Applicant had an extensive criminal history. Our solicitors prepared a strong Immigration Bail application ensuring it was successful.
The case for an Immigration Bail application at the First Tier Tribunal
The Applicant was a Polish national who entered the UK aged 10 and had been a student since his arrival. The Applicant had been convicted of a number of offences resulting in custodial sentences. Shortly after his release from prison, the Applicant was detained at an immigration detention centre and he was served with a deportation order. The Applicant had established a life in the UK and had a strong Article 8 ECHR claim but was unaware of this fact as he was unrepresented. The Applicant’s family had contacted our specialist immigration team for advice and assistance in aiding the Applicant’s release from detention and challenging the deportation order. The first step taken by our immigration team was reviewing the Applicant’s entire immigration file and it was clear that the Home Office had not considered the Applicant’s family life in the UK. A decision to deport the Applicant to a country where he has no family or ties and connections would not be in his best interest. There was a strong argument that the Applicant’s Article 8 ECHR right would be engaged. Our immigration prepared and submitted a Judicial Review Claim challenging the Home Decision to serve the Applicant a deportation issue. Following this, an Immigration Bail application was submitted and the Applicant was granted Immigration Bail whilst his Judicial Review Claim was pending.
What is Immigration Bail?
Immigration Bail is the formal procedure of asking the Home Office for release from Immigration detention when detained on an immigration matter. Under Schedule 10 of the Immigration Act 2016, Immigration Bail has replaced the former: temporary admission, temporary release on bail and release on restriction.
Detainees can apply for Immigration Bail if they are held in a removal centre, detention centre or prison. In order to apply for Immigration Bail detainees must have two sureties to support the application and a financial condition supporter. A financial condition supporter is a person who will pay money (a fixed amount will be set at the hearing) if you don’t follow the conditions of your bail. It will be harder to apply for Immigration Bail where detainees have a past of breaking bail conditions or where there is evidence to suggest there is a real risk to the public upon release.
What are the conditions of Immigration Bail under the Immigration Act 2016?
There are six possible conditions that can be put on detainees who are granted, Immigration Bail. In normal circumstances, decision makers will impose two conditions but this could increase depending on the type of case and circumstances surrounding the detention. The conditions are noted below:
- A condition requiring the person to appear before the Secretary of State or the First-tier Tribunal at a specified time and place;
- A condition restricting the person’s work, occupation or studies in the UK;
- A condition about the person’s residence;
- A condition requiring the person to report to the Secretary of State or other person specified;
- An electronic monitoring condition; or
- Other conditions as the person granting the immigration bail see fit (for example curfew; requirement to notify the Home Office of change in circumstances).
The purpose of imposing conditions on bail is to allow the Home Office to maintain regular communication and to reduce the risks of absconding. A failure to comply with Immigration Bail conditions is going to have a detrimental impact on any pending immigration matters and result in prosecution with a possible find and 6-month prison sentence. It is possible to apply to have Immigration Bail conditions varied. An application has to be made to the Home Office explaining the reasoning for the change of reporting conditions with the correct supporting documents. An example of where a reporting condition can be varied is where an Applicant’s medical health has deteriorated and it is no longer possible to report on regularly.
Using Legal Representation to submit a successful Immigration Bail application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Immigration Bail application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject Immigration Bail applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration Bail application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully submit an Immigration Bail application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Immigration Bail application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your immigration matter or application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.