This course was last updated in June 2019.
There are few circumstances where the UK authorities are permitted to hold people against their will – one of which is immigration detention. In 2018, almost 25,000 people were detained under immigration powers across the UK’s detention estate, with around 1,800 people detained at any one time. These stark figures represent a concerning proportion of the UK’s migrant population. Over half of these people were granted release back into the community – the vast majority under immigration bail.
In 2018, the immigration bail system was overhauled. Temporary release and admission were scrapped, and replaced with a single power of immigration bail. The process for applying for bail from inside detention largely remains the same, but the nature of bail has been turned on its head, allowing the Home Office to regulate those without leave to remain but who cannot be detained.
Immigration bail hearings can feel like a lottery – clients will ask why they are still detained when they have seen other people released weeks or months earlier. To some extent immigration bail is a lottery. Different Tribunal hearing centres have very different grant rates and individual judges can adopt very different approaches.
This course is for lawyers, caseworkers and those supporting people in detention who are making an application for immigration bail, and is designed to set out the legal framework and the practicalities of applying for bail, giving examples along the way.
The course is only available to paying members of Free Movement. If you are not already a member, you can join here and access not just this course but all of our courses. Membership starts from £22 plus VAT per month, or £220 plus VAT for annual membership, and you can cancel at any time. We also offer corporate and group membership options.
| Module 1 | Introduction to immigration bail | |
|---|---|---|
| Unit 1 | Immigration detention | |
| Unit 2 | Immigration bail | |
| Unit 3 | When can immigration bail be granted? | |
| Unit 4 | Removal directions | |
| Unit 5 | Bail conditions | |
| Module 2 | Immigration bail applications | |
| Unit 1 | Who can grant immigration bail? | |
| Unit 2 | Detainees held in prison under immigration powers | |
| Unit 3 | Legal aid | |
| Module 3 | How to apply for Secretary of State bail | |
| Unit 1 | Procedure | |
| Unit 2 | Bail grounds | |
| Unit 3 | Decision | |
| Module 4 | How to apply for First-tier Tribunal bail | |
| Unit 1 | Procedure | |
| Unit 2 | Bail hearing | |
| Unit 3 | Legal submissons | |
| Unit 4 | Supporters and finances | |
| Unit 5 | Final points | |
| Module 5 | After bail is granted | |
| Unit 1 | What happens if bail is granted? | |
| Unit 2 | Forfeiture hearings | |
| Unit 3 | Bail in the Upper Tribunal, High Court and Court of Appeal | |
| Unit 4 | Unlawful detention claims | |
| Module 6 | Review | |
| Unit 1 | Podcast interview with Pierre Makhlouf | |
| Unit 2 | Conclusion and final quiz |
For developments since this course was last updated, check Free Movement articles tagged “immigration bail”.
Introduction and overview.
Nuts and bolts of a bail application
Applying for immigration bail to the Home Office
Tribunal bail applications
Other types of hearing around immigration bail.
