Detention, Temporary Admission & Bail Application
Many people find themselves detained at an immigration removal centre due to overstay, illegal entry or unauthorised arrival. Detention could occur due to lack of awareness, misinformation or any other reason. Regardless of the reason, if you or your loved one ends up in detention at an immigration removal centre, you might get them bail and temporary admission and bail. You can even apply to the Secretary of State and get bail before detention if you find out you are liable to dentition.
What You Need to Know?
Under the Immigration Act 2016, the Home Office can grant bail prior to detention while the tribunals can only entertain bail applications after detention. While each case is different from the other, there are certain commonalities between them. Bail applications which demonstrate that the detainee has a place to stay and has at least one sponsor or financial condition supporter had a higher chance of being accepted. Consulting an experienced UK solicitor can be extremely helpful in devising a strategy for getting bail.
The UK Visa and Immigration team has the power to detain individuals if they are in breach of their immigration rules. We can always apply to the Home Office not to detain and to allow the individual to be in the UK on a temporary basis. The power to detain can be exercised by showing that if there must be strong grounds for believing that a person will not comply with conditions of release for detention to be justified.
Excluding asylum cases, the power to detain arises broadly in the following scenarios:
- on arrival in the UK pending a decision on a person’s immigration status.
- pending a decision to remove a person or enforce their removal from the UK.
- persons awaiting deportation.
- EEA nationals and their family members who do not qualify, or are to be excluded, under the Immigration (European Economic Area) Regulations 2006, SI 2006/1003 (EEA Regs 2006).
In practice, the largest number of persons in the detention estate are foreign national prisoners awaiting deportation, those seeking asylum who are subject to the detained fast track, and persons awaiting removal following the exhaustion of any appeal rights.
Temporary admission (TA) is granted when a person has not been detained. TA is called temporary release if a person is released following detention. If you have been detained by the Immigration authorities or know someone who has been detained then you need to seek specialist immigration legal advice. An Immigration Bail is a request or an application either to the Chief Immigration Officer (CIO) or to the Immigration Judge for release of a person from immigration detention.
If the detainee is released, they will usually be required to comply with conditions. The usual conditions are:
- Residence at a specified address.
- Reporting to Police Station or /Immigration Service.
- These conditions can be varied by an application to an Immigration Officer or Immigration Judge.
The Immigration Service reviews the detention on a regular basis so it is important that all relevant information is put before them: e.g. any change in the detainee’s health, distress to family, or more favourable conditions should release be considered. If an immigrant is detained, we give consideration as to how the person detained can be released. In the first-place verbal communications with the immigration service may yield some results. Then representations are made to the Chief Immigration Officer (CIO) that the person detained be released on Temporary Admission (TA).
How Can We Help?
At Atlas Law Solicitors, we have the most experienced team which can help you or your loved one in detention. First, we will use our legal expertise and knowledge to request release on the basis of temporary admission. If that does not work, we can help you prepare your case for bail in front of a First-Tier Tribunal.
Getting temporary admission or bail requires a plethora of documentation to convince the authorities of your intent to follow the rules and regulations. Our team, empowered with their experience of working on hundreds of similar cases, can help you prepare all your legal documentation. Furthermore, we can also provide you with legal representation to present your case in a more comprehensive and compelling manner.
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