Immigration bail
Produced in partnership with Ben Amunwa of 36 Civil
Immigration bail

The following Immigration guidance note Produced in partnership with Ben Amunwa of 36 Civil provides comprehensive and up to date legal information covering:

  • Immigration bail
  • Bail powers
  • Enforcement powers
  • Bail applications
  • Automatic referral for consideration of bail
  • Bail application hearings
  • Bail conditions
  • Variation of bail conditions
  • When bail ends
  • Consequential amendments—the EEA Regulations 2016
  • more

This Practice Note examines the power of immigration bail, which from 15 January 2018 is the single power of release relevant to persons who are liable to detention. For information on liability for detention and related Home Office policies, see Practice Note: Detention.

This Practice Note is primarily intended to provide an overview of immigration bail. It does not consider for example the inherent powers of the High Court and Court of Appeal to grant bail or the bail powers of the Special Immigration Appeals Commission as a detailed treatment of these topics is currently outside the scope of Lexis®PSL Immigration.

Most of the immigration bail provisions contained in Schedule 10 to the Immigration Act 2016 (IA 2016) came into force on 15 January 2018. For information on the provisions not yet in force, see Practice Note: Immigration Act 2016—materials. The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017, SI 2017/1242 came into force on the same date and makes a range of minor consequential amendments to secondary legislation.

Before 15 January 2018, a person who had been examined or detained under immigration powers could be released or provided with a temporary form of status by the Secretary of State for the Home Department (SSHD) under a range of different powers (ie temporary admission, temporary release, Tribunal bail, immigration officer bail and restriction