Intermediate: Immigration bail: 3 CPD

Intermediate: Immigration bail: 3 CPD

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 £20 per month and you can cancel at any time.

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

The material was last updated on the date shown on the top right of this page. For developments since then, check Free Movement articles tagged “immigration bail”.

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