Immigration Bail & Detention

Bail Applications

It is important to note that if you decide to do a bail application yourself, it could be refused, and another bail application cannot be made for at least 28 days. We make a bail application in the correct manner and on the date of your hearing, instruct specialist solicitor, who are aware of the technical law to represent you on the date of your hearing.

Our expert immigration Solicitors at Axis will advise you on certain factors that may affect your chances of success. We will further support you in tailoring a high-quality application draft with all the supporting documents

Immigration Detention

The Home Office has the authority to detain individuals for immigration control purposes. However, this power is not absolute. The Home Office can also choose to release individuals on a temporary basis while their case is being processed.

Key Principles Guiding Detention Decisions:

• Presumption of Release: There is a general presumption in favour of releasing individuals rather than detaining them.
• Priority for Families and Children: Special consideration is given to the well-being of families and unaccompanied children.
• Strong Justification Required: Detention is only justified if there are strong reasons to believe a person will not comply with release conditions.
• Alternatives Explored: All reasonable alternatives to detention must be explored before a detention decision is made.
• Individual Case Assessment: Each case is evaluated on its own merits, with special attention to the welfare of children involved.
• Legal Compliance: Detention must be lawful, adhering to statutory powers, Home Office policy, and human rights law.
• Minimal and Necessary Use: Detention should be used sparingly and for the shortest duration possible.
• Strategic Timing: Lengthy detention is avoided if it’s feasible to detain later in the process, such as after appeals have been exhausted.
• Appropriate Circumstances: Detention is generally most suitable for:
  • Effecting removal from the country
  • Establishing a person’s true identity
  • Addressing concerns about compliance with release conditions

Protected Categories:

Certain individuals should not be detained except in exceptional circumstances. 

These include:

• Unaccompanied children and young people under 18
• Elderly individuals
• Pregnant women
• People with serious medical conditions or mental illness
• Torture victims
• People with serious disabilities
• Victims of trafficking
• Other vulnerable individuals

If you fall into any of these categories, you may be entitled to release and potential compensation for wrongful detention. Seek legal advice to understand your rights and options.

Immigration Bail

If you are currently in an Immigration detention centre, you may have the option to apply for bail. Our immigration solicitors are here to guide you through the application process and prepare everything you need to get a favourable outcome.

What Is Immigration Bail?

Immigration bail allows individuals facing potential detention to remain in the UK while their case is being processed. It is important to understand that being granted bail does not equate to legally entering the UK; rather, it permits a temporary stay, which could potentially last for months or even years.

Challenges and Solutions

Obtaining bail can be more difficult if you have a history of violating bail conditions or have been accused of a criminal offence. However, demonstrating access to suitable accommodation and securing a “surety” can significantly improve your chances. A surety is someone willing to provide financial assurance that you will comply with your bail conditions and report to Immigration authorities as required.

Deportation Orders

If you have violated Immigration Rules, such as living in the UK without permission, the Home Office has the authority to remove you from the country. This process is often referred to as deportation, and is officially called administrative removal.

Impact on Your Future Travel

A deportation order can significantly affect your ability to return to the UK. Even with a valid tourist visa like the Standard Visitor Visa, re-entry might be prohibited for a certain period.

Reasons for a Deportation Order

The Secretary of State may issue a deportation order under specific circumstances:

• Public Good: If your removal is considered in the public interest.
• Family Ties: If you are the spouse, civil partner, or child of someone being deported.
• Criminal Offences: If you are over 17, have been convicted of a crime, and the court recommends deportation after serving your sentence.

Administrative Removal

Administrative removal is a process used by the Home Office to remove individuals from the UK. It is distinct from deportation, which is typically reserved for those with serious criminal offences.

Re-Entry Bans

If you are subject to administrative removal, you may face a re-entry ban lasting from one to ten years.

Who is at Risk?

Administrative removal can apply to various groups, including:

• Overstayers
• Illegal entrants and those denied entry
• Individuals whose leave has been curtailed, cancelled, or revoked
• Family members of the above groups

Denied Entry at UK Airports

If you arrive at a UK airport without the proper visa or documentation, you may be detained by Border Force and denied entry to the country. The risk of detention is higher if there are concerns that you may not leave the UK when required.

Common Reasons for Detention:

• Lack of confirmed travel plans to leave the UK
• Bringing all your belongings for a short-term visa
• Prior detention history
• Frequent re-entry after leaving the UK
• Previous overstaying violations

Seek Expert Legal Help

If you are detained at a UK airport, seek immediate legal assistance from an experienced immigration solicitor. At Axis Solicitors, our team can provide urgent advice and support, ensuring your rights are protected and exploring all available options to challenge your detention.

Contact us for expert legal guidance and representation during challenging times.