The Secretary of State can exercise her power to detain a person under immigration powers if:
- Detention is appropriate to effect a person’s removal from the UK.
- Secretary of State needs to establish a person’s identity or basis of claim.
- Secretary of State has a reason to believe that a person will not comply with temporary admission or bail conditions.
Detention must be used only in exceptional circumstances to maintain effective immigration control. There is a presumption in favour of temporary admission or release and the Home Office should use alternatives to detention whenever possible.
If a person is detained for lengthy periods of time there must be very serious reasons justifying such detention. In many cases a person may be entitled to a compensation for unlawful detention from the Home Office if the Home Office fails to show that there were lawful reasons to keep person in detention and alternatives could not have been used to ensure an effective immigration control.
You are eligible for bail if:
- You are an illegal entrant or a person served with notice of administrative removal and:
- You are detained pending the issue of removal directions;
- You are detained pending removal after the removal directions have been set;
- You are detained pending an appeal;
- You are detained following recommendation for deportation by a court following criminal conviction.
- You are detained after you were notified of a decision to make a deportation order against you.
- You are a subject of a deportation order and you are detained pending removal or voluntary departure.
Our immigration advocates have many years of experience in dealing with bail applications and we have a very high rate of success. Should you need more information about your chances to be released on bail and would like to know what our professional fees are, please call us now on 01603 927676 to speak to one of our advisers.
We can assist you in drafting detailed bail grounds, submitting your bail application to the First-Tier Tribunal and representing you before the Tribunal at your bail hearing.