Immigration Corner | Detained in the UK

Dear Mr Bassie,
If a person is detained on an immigration matter in the United Kingdom can that person apply for bail and if so, how can this be done?
Thanks in advance for any advice.
W.K.

Dear W.K.,
Persons can apply for bail in two main ways. However, it will depend on those persons' situations whether they apply to the Home Secretary, this is known as 'Secretary of State bail' any time after arriving in the United Kingdom, or they apply to the First-tier Tribunal (Immigration and Asylum Chamber) - only if those persons arrived and have been in the country for longer than eight days.
Persons might be automatically referred for a bail hearing if they have been in detention for four months or more. If persons are appealing to the Special Immigration Appeals Commission they can also apply to them for bail.
Persons should ask a solicitor (UK) or legal adviser to assist helping with a bail application. In addition, persons should read the 'guide on representing yourself' online if they are not going to have a legal representative.

Secretary of State bail

As previously mentioned, persons can apply to the Home Secretary for bail from the first day arriving in the United Kingdom and this is called 'Secretary of State Bail'.
Persons should download and fill in form BAIL401 explaining why they are asking for bail. They can also get the form from the welfare officer, if they are in an Immigration Removal Centre or their detention paperwork pack, if they are in a prison.
Please note the application will be decided by Home Office staff and that there will not be a hearing.

Bail from the First-tier Tribunal
Persons can apply to the independent 'First-tier Tribunal' for bail if they have arrived in the United Kingdom and have been there for longer than eight days. In cases such as these, their application for bail will be decided by an independent judge at a hearing.
They should download and fill in form B1. If they cannot download the form themselves, they can either ask the staff at the place where they are being held or contact the tribunal - by phone on 0300 123 1711 or by email on customer.service@justice.gov.uk.
Persons who have a tribunal appeal hearing scheduled, should send the form to the tribunal or hearing centre where it is to be heard. They can find the address of the venue using the A to Z list.
If they do not have an appeal hearing, they should ask the staff at the place where they are being held to assist them in faxing the application to the right venue.

Automatic referral for bail

Please note that the Home Office will automatically refer persons to the First-tier Tribunal for a bail hearing, if all of the following are true:
- The person has been in detention for four months or more
- The person is not being detained in the interests of national security
- There is no action being taken to deport the person from the UK
- The person has not applied for bail to the First-tier Tribunal in the last four months.

The Home Office will make an application on behalf of the person using all the information that they have.
Please note that a person can refuse the referral or choose to make their own bail application. The Home Office will apply on those persons' behalf every four months unless they apply for bail themselves.

The First-Tier Tribunal hearing

There will usually be a hearing to decide if persons should be granted bail. This will happen a few days after their application is received and those persons will receive a 'notice of hearing' to tell them the date of hearing. Persons should note that they probably will not be in the room for the hearing and that it is more likely to happen over a video-link instead.
If opposing the bail application, the Home Office will send the tribunal a document listing the reasons why they believe that bail should not be granted, this is known as a 'Bail Summary'. They will also send the applicant a copy of the Bail Summary.
I hope this helps.
John S. Bassie

- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email:lawbassie@yahoo.com