I am detained in an Immigration Detention Centre, how can I make a bail application?
You can make a bail application to the court asking to be released.
It is not as difficult as it sounds and if you have been refused Legal Aid and do not have legal representation, you can make this application yourself.
How to make an application for bail
You will need a bail application form called ‘Application to be released on bail B1’ bail application form online.
You can also ask your detention centre for the form or alternatively you can call the Immigration Court on 0300 123 1711 and request one.
Completing the Bail Application form
Once you have your form you will need to complete it, the good news is that this is straightforward. The form is divided into 9 sections:-
Section 1 Personal Information
This section requires you to complete your personal details.
Section 2 About Your Application
Part A: Do you have an asylum or immigration application pending?
If you do have a asylum or immigration application at the court you should write your appeal number. This can be found in the papers you receive from immigration court regarding your appeal.
Part B: Have you made an application for bail before?
If you have, you should write the bail number if you have it. This can be found on any papers you have received from court regarding your previous bail.
Have you been refused bail at a court hearing within the last 28 days? If you have, you should give the date of the bail hearing.
Part C: You must write the address you will be staying at if you are released from the detention centre.
What if I have no address to live in if I am granted bail
Before you make your bail application, click here on how to ask the Home Office for accommodation to be released to once you are granted bail.
PART D Have you been told that you will be removed from the United Kingdom and provided with a date for your removal? If you have you must provide the date for the removal.
Section 3 Personal Information
This section asks how much of a recognisance (financial guarantee) you wish to be bound by, you can leave this blank if you do not have any money.
Part B applies to Scotland only. If you are not in Scotland, you should keep this part blank.
Part C refers to Electronic Monitoring (also known as tagging) and says:-
If bail is granted and electronic monitoring is considered an appropriate condition of bail, you will remain in detention until the Home Office have arranged for you to be electronically monitored. This should not take more than 2 working days after the date on which bail is granted.
You must indicate whether or not you agree to this by YES or NO
Part D You are required to sign and date.
Part E You must write your name in Capital letters.
Section 4 About Your Sureties
Sureties are the people who will be promising the court that you will comply with your conditions for bail. You must put your sureties’ information in this section.
Your sureties will be promising the immigration court that you will not break your conditions for bail by guaranteeing an amount of money they wish to be bound by should you break your conditions. This must be put on part H of the form and is known as a Recognisance. They should also be in the UK legally with Immigration Status.
For a strong bail application, you should reside with at least one of your sureties, as this may give the judge more confidence that your sureties will be able to keep an eye on you, thereby strengthening their guarantee that you will not break your conditions for bail.
You will need to attach a copy of your sureties’ passports and bank statements for the last 3 months and / or the last 3 months pay slips.
I Have No Sureties
While a surety will strengthen your bail application, there is nothing in the law that says that you must have a surety.
Important: If you do not have a surety, concentrate on convincing the judge that you will keep in touch with the authorities (the Home Office and Court) when you are required. (See section 5 below).
Section 5 Grounds on Which You Are Applying For Bail
You must provide the reasons why the Immigration Judge should release you from detention. Give as much information and detail as possible in this section.
When completing section 5, you should address these points:-
1.Your detention is unreasonable or unnecessary;
2. Your ties and connections to the UK, including any family, friends, who they are and your connections to them;
3. The affect of detention upon you and your family;
4. Why you will not run away;
5. If applicable, you should explain that you have always kept in touch with the authorities (for example reporting at the Home Office or police station or attending interviews and appointments);
6. How long you have been detained. You should explain the impact detention has had on your life;
7. Reasons why you cannot be removed to your country;
8. Will you commit any criminal offences if you are released? If you have never committed a criminal offence, you should mention this.
9. You will comply with any conditions for bail the judge sets you. (See below what the conditions for bail are).
Section 6 At the Hearing of Your Application
Part A. Do you or your sureties require an interpreter? If yes, you should write the language and the dialect.
Part B. If you have a disability, you must explain any necessary arrangements you require for the hearing.
Part C. If relevant, you should state any special reasons why you cannot have your case conducted by video link and you must be brought to the court in person.
Section 7 Representation
As you are completing this application yourself and do not have a legal representative you should leave this section blank.
Section 8 Declaration by the applicant
This section is for people making the bail application themselves. You should complete this section.
Part A. You are required to sign and date. (After reading and if true).
Part B. write your name in CAPITAL LETTERS.
Where to Send Your Form To
You should give your completed form a member of staff at the immigration centre to send on your behalf.
Who Will Be Dealing With My Application
Your application will be dealt with by the Immigration Court.
Immigration Courts are formally known as ‘First Tier Tribunal (Immigration and Asylum Chamber)’.
There are many Immigration Courts in the United Kingdom. Your application will be dealt with by the Immigration Court closest to your detention centre.
How Much Will My Bail Application Cost
Making a bail application to the Immigration Court is free if you are doing it yourself.
What Happens Next
Your bail application will be processed by the Immigration Court and they will send you a letter giving you the date and time of your bail hearing.
Before your Bail Hearing
Before your bail hearing you should receive a document called Bail Summary from the Home Office, this will explain the reasons why the Home Office think you should not be granted bail. You should read this document carefully and make notes why you disagree with them. You should check to see if everything on the document about you is correct.
If you have additional documents you wish to rely on during your bail hearing, you should make sure you send a copy of the documents to the court by 2:00PM on the day before your hearing.
At your Bail Hearing
Your bail hearing may be conducted by video link, or you may be brought to the Immigration Court in person.
If you have sureties, they MUST attend the bail hearing in person and should bring with them their original passport, 3 months of bank statements and / or pay slips. This will confirm to the court that they have the money they are promising to give if you do not comply with your conditions for bail and abscond.
Someone from the Home Office will attend the Bail Hearing and will be asking the judge not to release you from detention.
You will be given an opportunity to speak and explain in detail why your application should be granted. Look at section 5 of your bail application for points to rely on to convince the Court why you should be released on bail, you can explain these further. If there was anything incorrect in the Home Office’s Bail Summary, you should mention this.
The judge may speak to your sureties.
The judge’s role is to be impartial and will not take any sides, he/she will listen to everything said at the hearing and the judge will come to a decision of his/her own.
How will the Immigration Judge Reach a Decision
The Immigration judge will usually consider these five factors
1.The reason why you have been detained;
2.How long you have been detained and how long you are likely to be detained for;
3.Any alternatives to your detention;
4.The effect detention has on you, and if you have a family, the effect your detention has on them;
5.The likelihood that you will comply with any bail conditions the court set.
(Remember, these are the points you should addressed at section 5 of your bail application).
If you are granted bail, the Immigration Judge will set conditions on your bail. This is to ensure that you do not disappear and that you are available when you are required.
Conditions for bail
- Attend a Reporting Centre / Police Station
You may be asked to report frequently to the Immigration Authorities at a reporting centre near where you will be living or a police station. You will be given the address of where you need to report to and how frequently.
- Where You Must Live This is where you must reside for the duration of your bail.
- The Immigration Judge may direct that you are electronically monitored, this is known as ‘tagging’. This condition is usually used where a person granted bail has previously committed a criminal offence.
If bail is refused
If you are refused bail, you will be given the reasons for the refusal in writing so that you know exactly why you have not been granted bail this time.
You should address those points as best as you can.
If your circumstances change you can re-apply for bail again straightaway. Otherwise, you will need to wait 28 days to apply for bail again.