Immigration detention bail
Apply for bail
You can apply for bail in 2 main ways. It depends on your situation. Apply to:
- the Home Secretary (바카라 사이트˜Secretary of State bail바카라 사이트™) any time after you arrive in the UK
- the First-tier Tribunal (Immigration and Asylum Chamber) - only if you arrived more than 8 days ago
You might be automatically referred for a bail hearing if you바카라 사이트™ve been in detention for 4 months or more.
If you are appealing to the Special Immigration Appeals Commission you can apply to them for bail.
A solicitor or legal adviser can help you with a bail application.
Read the guide on representing yourself if you바카라 사이트™re not going to have a legal representative.
Apply for Secretary of State bail
You can apply to the Home Secretary for bail from the first day you arrive in the UK. This is called 바카라 사이트™Secretary of State Bail바카라 사이트™.
Download and fill in form BAIL401 explaining why you바카라 사이트™re asking for bail.
You can also get the form from:
- the welfare officer, if you바카라 사이트™re in an Immigration Removal CentreÂ
- your detention paperwork pack, if you바카라 사이트™re in a prison
Your application will be decided by Home Office staff and there will not be a hearing.
Apply for bail from the First-tier Tribunal
You can apply to the independent 바카라 사이트˜First-tier Tribunal바카라 사이트™ for bail if you arrived in the UK more than 8 days ago. Your application for bail will be decided by an independent judge at a hearing.
If you cannot download the form yourself, you can:
- ask the staff at the place where you바카라 사이트™re being held
- contact the tribunal - by phone on 0300 123 1711 or by email on customer.service@justice.gov.uk
If you have a tribunal appeal hearing scheduled, send the form to the tribunal or hearing centre where it바카라 사이트™s happening. You can find the address of the venue if you do not know it.
If you do not have an appeal hearing, ask staff at the place you바카라 사이트™re held - they can fax your application to the right venue.
Automatic referral for bail
The Home Office will automatically refer you to the First-tier Tribunal for a bail hearing if all of the following are true:
- you바카라 사이트™ve been in detention for 4 months or more
- you are not being detained in the interests of national security
- there바카라 사이트™s no action being taken to deport you from the UK
- you have not applied for bail to the First-tier Tribunal in the last 4 months
They will make an application on your behalf using all the information they have.
You can refuse the referral, or choose to make your own bail application. The Home Office will apply on your behalf every 4 months unless you apply for bail yourself.
What happens at the First-tier Tribunal hearingÂ
There will usually be a hearing to decide if you should be granted bail. This will happen a few days after your application is received - you바카라 사이트™ll receive a 바카라 사이트˜notice of hearing바카라 사이트™ to tell you when it is.
You probably will not be in the room for the hearing. It바카라 사이트™s more likely to happen over a video-link instead.
The Home Office will send the tribunal a document listing the reasons they think you should not get bail (a 바카라 사이트˜Bail Summary바카라 사이트™). They will also send you a copy.