Immigration Corner | Under which conditions would an application for bail release be successful?

Dear Mr Bassie,

I would like to know what factors contribute to the likelihood of succeeding when applying for bail while in detention.

J.C.

Dear J.C.,

Persons are able to apply for immigration bail if the Home Office is holding them on immigration matters. This means they may be released from detention but they will have to obey at least one condition. Persons can apply whether they are held in an immigration removal centre, a detention centre or a prison on immigration matters.

WHEN PERSONS ARE MORE LIKELY TO GET BAIL

Persons are more likely to get bail if they have a place to stay. Their application is also more likely to succeed if they have at least one ‘Financial Condition Supporter.’ This is a person who will pay money if the person does not follow the conditions of their bail and are able to attend their bail hearing. Persons applying should provide information about where they will stay and their Financial Condition Supporters in the application form.

WHEN PERSONS MIGHT NOT GET RELEASED ON BAIL

Persons applying for release on bail while being detained may find it harder to get bail if they have broken bail conditions in the past, have a criminal record, and there is a risk that they might reoffend.

If persons were refused bail within the last 28 days, they will not get another hearing unless their situation has changed significantly. When applying they should explain what they think has changed in their application. Please note that if persons are refused bail, they will get a written statement telling them why.

In addition, if persons are due to be removed from the country, they may not be released even if they are granted bail. Persons applying should note that if their removal date is in the 21 days after they receive bail, the Home Office will have to agree to their release.

CONDITIONS OF BAIL

Just for completeness, if persons are granted bail, as stated previously, there will be at least one of the following conditions that they will have to obey.

Persons might have to:

• report regularly to an immigration official

• attend an appointment or hearing

• be restricted on where they can live

• have an electronic monitoring tag

• have restrictions on the work or studies they can do

• obey any other condition decided by the person granting them bail

The applicant or their financial condition supporter may have to promise to pay money if they break one of the conditions of their bail. This is called a ‘financial condition.’

It should be noted that these conditions can be changed after persons granted bail.

If they do not follow the terms of their bail they may:

• have their bail conditions changed so that there are tighter restrictions

• be charged with a crime

• have to pay the money agreed at the hearing - or their Financial Condition Supporter might have to pay

• be returned to detention

CHANGE THE CONDITIONS OF BAIL

Persons can ask to change, that is ‘vary, the conditions of their bail, for example, they may need to move to a new address.

If the First-tier Tribunal granted bail, persons should fill in form B2 and send it to their nearest First-tier Tribunal (Immigration and Asylum) hearing centre. If they do not know where to send it, ask the staff at the location where they are being held. Also, please be aware that the Home Office may oppose their request. If the management of the bail has been transferred to the Home Office then contact them instead. If on Secretary of State bail, then they should speak to an immigration officer.

Please note that persons must continue to obey the conditions of their bail until a decision has been made to change them.

I hope this helps.

John S. Bassie

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (U.). Email: lawbassie@yahoo.com