All Articles: immigration bail

Higher damages payable for unlawful detention caused by delay in providing bail accommodation

The High Court has ruled that a claimant is entitled to extra unlawful detention damages for frustration and anxiety where the Home Office fails to provide a release address. The guidance on this issue provided by R (Diop) v Secretary of State for th ...

31st December 2018 By

Pre-Immigration Act 2016 bail ends after an appearance before an immigration officer

R (Lucas) v Secretary of State for the Home Department [2018] EWCA Civ 2541 is about re-detention following the grant of immigration bail by the First-tier Tribunal under the now repealed provisions of the Immigration Act 1971. The Court of Appeal rul ...

21st November 2018 By

Migrants detained indefinitely or made homeless by new immigration bail system

Homeless migrants are being kept in detention centres indefinitely because the Home Office is no longer finding them a place to live after release. The department’s refusal or inability to provide accommodation under a new immigration bail syst ...

23rd July 2018 By

Long delays in Home Office provision of immigration bail accommodation are lawful

Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to the First-tier Tribunal. Previously, if a detainee had no place to stay on release then they could ask to be accommodated, under ...

29th June 2018 By

New guidance for judges on granting immigration bail

Judge Clements, President of the First-tier Tribunal (IAC), yesterday released comprehensive new guidance on immigration bail for judges. The updated guidance naturally takes into account the significant changes brought about by the Immigration Act 20 ...

3rd May 2018 By

How immigration bail really works: scenes from Hatton Cross immigration tribunal

Free Movement deputy editor Conor James McKinney has been exploring the day-to-day workings of the immigration tribunals. Above is a discussion with Emily Dugan of BuzzFeed News, a journalist with a long-standing interest in immigration and asylum iss ...

13th February 2018 By

Immigration bail system failing mentally ill, Court of Appeal finds

Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the Court of Appeal in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ ...

12th February 2018 By

The Home Office is entitled to ignore a judge’s decision to grant bail

The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an immigration detainee. However, on the particular facts of the case, the decision to refuse consent to bail w ...

24th November 2017 By

Home Office cannot unilaterally modify tribunal bail conditions (updated)

The as yet unreported case of R (on the application of Majera) v Secetary of State for the Home Department [2017] UKUT 163 (IAC) is a thoughtful judgment from the Upper Tribunal gives helpful guidance on the legal status of a First Tier Tribunal ba ...

24th April 2017 By

Home Office unlawfully imposes curfew on migrant

Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the Home Office took it into their own hands to impose curfew restrictions over and above bail conditions those imposed by the ...

6th June 2016 By

Tribunal retains jurisdiction to vary bail conditions unless bail is finite

UPDATE: overturned by the Court of Appeal in R (On the Application Of Raza) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA Civ 807. R (on the application of Raza) v Secretary of State for the Home Department (Bail – con ...

14th March 2016 By