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Being Detained:

 

According to UK Immigration Laws, our Secretary of State has the power to detain a person subject to immigration control. However, even with such a wide power, there are certain limitations, for example, if the person detained can show strong family ties, or that he has been detained for an unreasonable length of time without a realistic prospect of being removed from the UK. 

 

A person detained may be kept in several places, such as a police cell to begin with, but will usually be relocated to a detention centre, where they will remain until removal. Removal from the UK at that stage could be done voluntarily or forcefully. Speak to me today if you or a loved one is detained so that I can determine whether there is an avenue to challenge the detention.

 

What is Deportation?

 

Deportation is basically the legal process for removing persons from the UK because either:

 

• They have no legal right to remain in the UK (i.e. they became an overstayer)

• The Home Office thinks the person’s deportation is ‘conducive to the public good’. For example, if that person has committed crimes during their time in the UK. However, a person will not be deported to a country if it can be shown that it is not safe for them to return to that country. 

 

It should be known that the Court may recommend deportation if they convict a person:

 

• over the age of 17 years old

• who is not a British citizen

• of an offence punishable by imprisonment if they were an adult

 

However, before the court recommends deportation it must make certain considerations, such as:

 

• whether the person is ‘conducive to the public good’

• the nature of the offence committed and how serious the crime is

•  the person’s past criminal record

 

There is also the possibility that a person could face automatic deportation. This applies to both European Economic Area (EEA) nationals and non-EEA nationals. However, does not apply to British citizens.

 

Automatic deportation normally follows if these criteria are met:

 

• they must have been convicted in the UK of an offence and have been sentenced to a period of imprisonment of at least 12 months for a non-EEA national, or 24 months for an EEA national

• it must be conducive to the public good

 

There are some exceptions to this which are explained in the UK Borders Act 2007 however.

 

Bail From Detention:

 

You can apply for immigration bail if the Home Office is holding you on immigration matters. You may be released from detention if you agree to obey some conditions.

 

However, you should note that you may not be released on bail if you:

 

• have broken the terms of bail before

• having a criminal record, and the judge thinks you might reoffend

 

Moreover, if you have been refused bail from the Court in the last 28 days, it is unlikely you could re-apply until 28 days have passed unless your circumstances have changed significantly. If you are refused bail, you’ll get a written statement telling you why you have been refused.

 

How do I apply for bail?

 

Apply to one of the following for bail:

• the First-tier Tribunal (Immigration and Asylum Chamber)

• a Chief Immigration Officer - if your detention started less than 8 days ago

• the Home Secretary - if your detention started more than 8 days ago

 

What should I show as part of my application for bail?

 

It is fair to say that you are far more likely to be released on bail if you have a place to stay and you have at least one guarantor (surety) who will guarantee that you will abide by the conditions of your release. 

 

A surety is a person who:

• will guarantee to pay a sum of money if you break the conditions of your bail

• makes sure you keep in contact with the Home Office and Court

• Will attend your bail hearing

• Give information about their own Immigration Status and Income

 

If you are granted bail

 

If your bail application is granted, you are likely to be given certain conditions. Usually, the conditions state that you must reside at a nominated address and report to the Home Office on certain occasions. 

 

If you violate the conditions of bail, you:

• Could be detained again

• Your surety will have to pay the money they guaranteed

 

Please contact me if you are detained and wish to make a bail application. I have several years experience in successfully releasing clients from detention and also stopping outbound deportation removals.