Immigration Bail & Detention

The Home Office has the power to detain individuals pending removal from the UK, while their immigration status is being resolved, or as a measure to enforce compliance with immigration conditions. Detention can occur at immigration removal centres, short-term holding facilities, or in some cases at prisons. The legality of detention can be challenged, and bail can be sought from the First-tier Tribunal at any time.

• Urgent advice when someone has been detained
• Review of the lawfulness of the detention
• Application for immigration bail to the First-tier Tribunal
• Representations to the Home Office for release on bail
• Advice on bail conditions and sureties
• Habeas corpus applications in appropriate cases

An application for immigration bail can be made to the First-tier Tribunal at any time during detention. The Tribunal will consider factors including the risk of absconding, the strength of ties to the UK, the availability of suitable accommodation, the willingness of sureties to provide financial support, and the overall circumstances of the case. A well-prepared bail application, presented by an experienced solicitor, significantly improves the prospects of release.

• Urgent preparation of the bail application
• Identification and briefing of financial sureties
• Liaison with the Home Office presenting officer
• Representation at the bail hearing
• Advice on bail conditions and compliance
• Applications for bail variation where conditions are unreasonable

If you believe that the detention is unlawful — for example, because the Home Office has not followed its own detention policy, or because there is no realistic prospect of removal — our solicitors can advise on bringing a challenge through the courts, including an application for a writ of habeas corpus or a claim for judicial review of the detention decision.