Immigration
Ensure you receive up-to-date immigration advice
Detention/Bail/Deportation
Detention
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in detention until a decision is made by the immigration authorities to grant a visa and release them (Temporary release) into the community, or to repatriate them to their country of departure.
Bail
If you are detained by the UK Border Agency you may be entitled to bail and be released, on certain conditions. All detainees have the right to apply for bail if they have been in the UK for at least 7 days.
There are certain factors that are taken into account when considering bail:
-Is there any evidence of a previous failure to comply with conditions of temporary release or bail?
-Has the person taken part in a firm attempt to breach the immigration laws?
-Does the person have a previous history of complying with the requirements of immigration control?Does the person have ties in the UK?
-Such as close relatives that are dependent on them?What are the individual's expectations about the outcome of the case?
-Are there factors such as an outstanding appeal and application for judicial review or representations which afford incentive to keep in touch?
-Does the person hold any risk to the public?
-The age of the person.
-Does the person have a history where they have been exposed to torture?
-Does the person have a history of physical or mental ill health?
A bail application can be made to the Chief Immigration Officer (CIO bail) or to the Tribunal in which case it will be heard by a specialist immigration judge at an Immigration Tribunal.
Bail will be granted depending on the following conditions:
-That the person has residency at a specified address
-The person must report regularly to an immigration officer / police station
-The person must return to stand before an immigration judge for a bail renewal hearing
-The person must submit a sum of money that they will be prepared to lose for breaching any conditions of bail
If bail has been granted but the applicant fails to re-appear either before the judge for their bail renewal hearing or to report to an immigration officer, both they and their sureties risk losing part or all of the money that they offered as bail. The applicant also risks being detained because an immigration officer or a police officer has the power to arrest and detain any person that they believe to be in breach or likely to breach their conditions of bail. Once re-detained under these circumstances, the chances of a successful fresh application for bail will be greatly diminished.
Deportation
A deportation order requires a person subject to it, to leave the United Kingdom and authorises his detention until he is removed. It also prohibits him from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom given him before the Order is made or while it is in force.
The circumstances in which a person is liable to deportation include:
-where the Secretary of State deems the person's deportation to be conducive to the public good;
-where the person is the spouse or civil partner or child under 18 of a person ordered to be deported; and
-where a court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment.
An application for revocation of a deportation order will be considered in the light of all the circumstances including the following:
-the grounds on which the order was made;
-any representations made in support of revocation;
-the interests of the community, including the maintenance of an effective immigration control;
-the interests of the applicant, including any compassionate circumstances.
If you have any issues concerning the above please contact us on 01162664680
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in detention until a decision is made by the immigration authorities to grant a visa and release them (Temporary release) into the community, or to repatriate them to their country of departure.
Bail
If you are detained by the UK Border Agency you may be entitled to bail and be released, on certain conditions. All detainees have the right to apply for bail if they have been in the UK for at least 7 days.
There are certain factors that are taken into account when considering bail:
-Is there any evidence of a previous failure to comply with conditions of temporary release or bail?
-Has the person taken part in a firm attempt to breach the immigration laws?
-Does the person have a previous history of complying with the requirements of immigration control?Does the person have ties in the UK?
-Such as close relatives that are dependent on them?What are the individual's expectations about the outcome of the case?
-Are there factors such as an outstanding appeal and application for judicial review or representations which afford incentive to keep in touch?
-Does the person hold any risk to the public?
-The age of the person.
-Does the person have a history where they have been exposed to torture?
-Does the person have a history of physical or mental ill health?
A bail application can be made to the Chief Immigration Officer (CIO bail) or to the Tribunal in which case it will be heard by a specialist immigration judge at an Immigration Tribunal.
Bail will be granted depending on the following conditions:
-That the person has residency at a specified address
-The person must report regularly to an immigration officer / police station
-The person must return to stand before an immigration judge for a bail renewal hearing
-The person must submit a sum of money that they will be prepared to lose for breaching any conditions of bail
If bail has been granted but the applicant fails to re-appear either before the judge for their bail renewal hearing or to report to an immigration officer, both they and their sureties risk losing part or all of the money that they offered as bail. The applicant also risks being detained because an immigration officer or a police officer has the power to arrest and detain any person that they believe to be in breach or likely to breach their conditions of bail. Once re-detained under these circumstances, the chances of a successful fresh application for bail will be greatly diminished.
Deportation
A deportation order requires a person subject to it, to leave the United Kingdom and authorises his detention until he is removed. It also prohibits him from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom given him before the Order is made or while it is in force.
The circumstances in which a person is liable to deportation include:
-where the Secretary of State deems the person's deportation to be conducive to the public good;
-where the person is the spouse or civil partner or child under 18 of a person ordered to be deported; and
-where a court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment.
An application for revocation of a deportation order will be considered in the light of all the circumstances including the following:
-the grounds on which the order was made;
-any representations made in support of revocation;
-the interests of the community, including the maintenance of an effective immigration control;
-the interests of the applicant, including any compassionate circumstances.
If you have any issues concerning the above please contact us on 01162664680