Under the Schedule 10, both the Secretary of State and the First-tier Tribunal has the power to grant immigration bail. These changes came into force on 15th January 2018.
The Secretary of State can now grant bail even where a person is not detained but is liable to detention. The tribunal, of course, cannot grant bail unless someone is detained. In addition, there is an introduction of new bail forms Bail 401 for the bail made to SSHD. Form B1 is also changed and the new version is now available to be used for the bail applications made to the immigration tribunal.
The effect of these changes will significantly increase immigration detention powers. However, there is no equivalent power for the tribunal, which can only grant bail in situations of detention.
A tribunal is no longer permitted to grant bail under any circumstances for eight days after detention or where removal is within 14 days:
Bail can now be imposed even on a person who cannot lawfully be detained, including where “the Secretary of State is considering whether to make a deportation order against the person under section 5(1) of the Immigration Act 1971”: see Schedule 10(1)(5).
This, in theory, means even if someone is granted bail, they can still be detained.
The Home Office can also vary bail conditions without the permission of the tribunal after bail is granted.
Under Schedule 10(10)someone can be also be arrested for possible future breaches of bail conditions. The only test is whether the immigration or police officer has “reasonable grounds for believing.”
A successful applicant will be granted bail subject to a number of conditions, which can vary in nature and can include (but is not limited to) the following:
- Reporting regularly to an immigration official;
- Attending an appointment or hearing;
- Restrictions on where they can live;
- Electronic monitoring by tag;
- Restrictions on work or studies;
- Compliance with all conditions agreed upon with the granting of bail.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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