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9th March 2014
Barnes Harrild & Dyer, are specialist immigration solicitors based in Croydon. We write this Article ... Read more ›
7th January 2013
Many will recall various accounts of Commonwealth citizen recruits in the British army being denied ... Read more ›
Bail is a legal procedure available to any person who has been detained by the UK Border Agency, under the Immigration Acts, in a removal centre or prison for seven days or more.
It is an application to a court for release, usually under certain conditions. When a detainee makes an application for bail they are brought to an immigration court (the Immigration and Asylum Chamber of the First Tier Tribunal) where an independent Immigration Judge makes a decision on whether detention should be maintained. The case may be presented by a legal representative and will generally be opposed by a Home Office Presenting Officer. As Immigration bail solicitors based in the easily accessible area of Croydon, we can assist in making a bail application.
If bail is granted there will normally be certain conditions attached. For example, the individual and their sureties (if they have any) may have to offer an amount of money considered proportionate to their financial means, an amount that would be surrendered if the detainee absconded. The Immigration Judge will require certain conditions to be observed on release: for example, the detainee would have to live at a specified address and report to a UK Border Agency office or a police station at regular intervals. Electronic monitoring may also be a requirement.
Alternatively, a person in immigration detention may be released on bail by the UK Border Agency (by a chief immigration officer). Immigration bail, if granted, will be subject to some conditions.
As Immigration bail solicitors located centrally in Croydon, we can assist in applying for bail. Please note that we are only able to provide publicly funded assistance to foreign prisoners who are detained at one of Her Majesties Prisons in London and the South East of England. We cannot provide public funding to any detainee at one of the immigration removal centres.
We can, however, if we agree that a detainee at a removal centre has been detained for a prolonged period of time with no imminent prospect of removal, assist in a claim for unlawful detention and release with what is known as certificated work. This is another form of legal aid. We would however require our private fees to be paid in order to assess the case and address pre action protocol issues before a public funding certificate can be issued.