Absent certain circumstances, you have a right not to be detained

 Immigration Solicitors

If you or someone that you know has been detained and you are concerned about the lawfulness of the detention or you wish to see whether bail is available then our specialist detention and bail advisor at Aylish Alexander will be able to advise you.

There are a number of reasons why you or someone you know may be detained by the UK Border Agency, such as during the asylum process, to remove someone from the UK who is here unlawfully or to execute a deportation Order at the conclusion of a sentence of imprisonment.

Whatever the reason for the detention there are rules that the Home Office/UKBA must adhere to when considering detention, when detaining and when maintaining detention. If those rules are note applied then the detention may be or may become unlawful. Compensation may be payable for unlawful detention.

The rules that must be applied include that the Home Office must satisfy the Court that a person's detention is lawful. This is important because it removes the detainee from having to prove that the detention is unlawful. For practical purposes this means that if the Home Office is unable to prove that the detention is lawful then it is unlawful and the detainee will be entitled to be released and may claim compensation. The Courts sum up this principle by adhering to a legal rule which says that very detention is prima facie unlawful - briefly, that means that the detention is unlawful until shown to be otherwise.

In order to remain lawful detention must also be reviewed regularly; that is weekly for the first four weeks of the detention and thereafter monthly. A person can only be detained where the intention is to remove a person and for the purpose of that removal, and is limited to what is termed a reasonable time - in some case the courts have construed this so as to include a period of years, but in reality most periods of detention are much shorter.

If the Home Office, either before a person is detained or once a person is detained, become aware of circumstances that will prevent the detainee's removal within a reasonable time, the detention cannot be maintained.

Apart from challenging the lawfulness of detention, whatever the reasons why you are being detained you may be able for release on temporary release or admission, or to make an application for bail. Each case is different and your particular circumstances will play a major role in any decision to release you.

In most cases an application can be made for temporary admission or release. However, if the Home Office are not certain that you will comply with conditions of release then you may have to apply for CIO Bail (Chief Immigrations Officer's Bail). This is where more formal conditions can be applied to your release. If CIO bail is refused then an application can also be made for bail before an Immigration Judge (or a High Court Judge in certain circumstances).

Making a bail application can be very stressful, not only for the person detained but also for family and friends. At Aylish Alexander we will prepare you application to give you the best possible chance of a successful outcome to the application, and we will also assist you with repeat or renewed applications for bail.

In order to be released on bail you will need an address where you can stay, and in most cases, especially if the application is made to an Immigration Judge, you will need one or two sureties - people who will promise to ensure that you comply with any conditions of bail and surrender to custody when the bail term is compete, in a particular sum of money, some or all of which will be forfeited in the event that you do not.

If you or a loved one has been detained the first thing you should do is [speak to us].