This week we received the excellent news that our client (“the Applicant”) was granted Immigration Bail at the First Tier Tribunal. We were already instructed in relation to the Applicant’s other UK immigration matters and we were happy to also assist with the Immigration Bail application. The Applicant now has to comply with his Immigration Bail conditions until his UK Immigration matters have concluded. Our Immigration Solicitors in London specialise in preparing successful Immigration Bail applications and are happy to accept new enquiries so please contact our Immigration Team to arrange a consultation.
The case for Immigration Bail
The Applicant was a Zimbabwean national who entered the UK with his sister when he was 10 years old in order to join their mother who had been granted Asylum. The Applicant was subsequently granted Indefinite Leave to Remain but had not acquired a British passport. The Applicant was convicted of several criminal offenses and was given a custodial sentence which in turn meant that the Secretary of State served a Deportation Order against him as a foreign national criminal in the UK. Following the end of his custodial sentence, the Applicant was then detained under Immigration powers and continued to be held at the same prison. We were then instructed to apply for Immigration Bail as his removal was not imminent due to a pending application which was yet to be determined.
The Applicant’s mother and sister agreed to be the Applicant’s Financial Condition Supporters (sureties) so our Immigration Team sent them a list of documents that they would need to provide for the Immigration Bail application whilst we drafted the Grounds and completed the form. After the Immigration Bail application was lodged at the First Tier Tribunal the Applicant was given a date the following week for the Immigration Bail Hearing (which was conducted remotely due to the on-going Covid-19 pandemic) and after submissions from Counsel, the Judge decided to grant him Immigration Bail.
What is Immigration Bail?
Immigration Bail applications are made in accordance with Schedule 10 of the Immigration Act 2016. Immigration Bail replaced Temporary Admission and Temporary Release on Bail. It allows Applicants to be released from Immigration Detention whilst their Immigration case is on-going, rather than being held in an Immigration Detention Centre or prison. Immigration Bail Applicants must have two financial condition supporters who will put forward a sum of money to ensure the Applicant complies with the Immigration Bail conditions if released. Certain documents need to be put before the First Tier Tribunal Judge in order to prove that the financial condition supporter can afford the sum of money.
What are the usual conditions for Immigration Bail?
Once an Applicant is granted Immigration Bail, they will have to comply with certain conditions. Failure to do so will result in the Applicant being re-detained and the Financial Condition Supporters will have to pay the sum of money they put forward in the application. The usual Immigration Bail conditions can include:
- Having to report regularly to an immigration official;
- Having to attend an appointment or hearing;
- Applicants are restricted on where they can live / spend the night without prior authorisation from an immigration official;
- Have to wear an electronic monitoring tag;
- Work and study restrictions; and
- Obey any other conditions decided by the person granting the Immigration Bail.
Immigration Bail conditions may be varied, but this is at the discretion of the Tribunal.
Are Immigration Bail Hearings still taking place amid Covid-19?
Yes, Immigration Bail hearings along with other Immigration appeal hearings are still taking place across the UK. In order to comply with social distancing measures to prevent the spread of Coronavirus, many hearings that have been listed are taking place remotely. This means they are being held over the phone or video call. Within the Directions sent out to all parties by the Tribunal, there will be instructions on how to facilitate the remote hearing.
Using our Immigration Solicitors in London to submit a successful Immigration Bail Application
Legal representatives, such as our specialist immigration and visa lawyers, 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 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.
Successful Immigration Bail applications with our Immigration Solicitors in London
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 Immigration Bail 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 02032860857 or complete our contact form.