Bail Application To Immigration Judge

In cases of new arrival, once seven days have passed from arrival in the United Kingdom, there is a possibility of applying for bail in all kinds of immigration case. Such an application may be made to a Chief ImmigrationOfficer, or to an Immigration Judge at Asylum and Immigration Tribunal. Therefore if the Immigration Service refuses to grant the detainee temporary admission or bail, they have a right to apply for bail to anImmigration Judge at Asylum and Immigration Tribunal.

The Immigration Judge may release the detainee on bail subject to conditions similar to those an ImmigrationOfficer may impose. This will include reappearing before the Immigration Judge at a later hearing usually the full appeal hearing.

Remember at the bail hearing that the burden of proof in justifying detention lies, given the presumption in favour of bail, on the Secretary of State to the balance of probabilities. The adjudicator should give a reasoned decision, albeit that it is not in writing.