Immigration Bail (Intermediate)

CPD Points: 2

Length of course: 2 hours

About this course

This course was last updated in June 2019.

There are few circumstances where the UK authorities are permitted to hold people against their will – one of which is immigration detention. In 2018, almost 25,000 people were detained under immigration powers across the UK’s detention estate, with around 1,800 people detained at any one time. These stark figures represent a concerning proportion of the UK’s migrant population. Over half of these people were granted release back into the community – the vast majority under immigration bail.

In 2018, the immigration bail system was overhauled. Temporary release and admission were scrapped, and replaced with a single power of immigration bail. The process for applying for bail from inside detention largely remains the same, but the nature of bail has been turned on its head, allowing the Home Office to regulate those without leave to remain but who cannot be detained.

Immigration bail hearings can feel like a lottery – clients will ask why they are still detained when they have seen other people released weeks or months earlier. To some extent immigration bail is a lottery. Different Tribunal hearing centres have very different grant rates and individual judges can adopt very different approaches.

This course is for lawyers, caseworkers and those supporting people in detention who are making an application for immigration bail, and is designed to set out the legal framework and the practicalities of applying for bail, giving examples along the way.

The course is only available to paying members of Free Movement. If you are not already a member, you can join here and access not just this course but all of our courses. Membership starts from £24 plus VAT per month, or £240 plus VAT for annual membership, and you can cancel at any time. We also offer corporate and group membership options.

Module 1Introduction to immigration bail
Unit 1Immigration detention 
Unit 2Immigration bail 
Unit 3When can immigration bail be granted? 
Unit 4Removal directions 
Unit 5Bail conditions 
Module 2Immigration bail applications
Unit 1Who can grant immigration bail? 
Unit 2Detainees held in prison under immigration powers 
Unit 3Legal aid 
Module 3How to apply for Secretary of State bail
Unit 1Procedure 
Unit 2Bail grounds 
Unit 3Decision 
Module 4How to apply for First-tier Tribunal bail
Unit 1Procedure 
Unit 2Bail hearing 
Unit 3Legal submissons 
Unit 4Supporters and finances 
Unit 5Final points 
Module 5After bail is granted
Unit 1What happens if bail is granted? 
Unit 2Forfeiture hearings 
Unit 3Bail in the Upper Tribunal, High Court and Court of Appeal 
Unit 4Unlawful detention claims 
Module 6Review
Unit 1Podcast interview with Pierre Makhlouf 
Unit 2Conclusion and final quiz 

For developments since this course was last updated, check Free Movement articles tagged “immigration bail”.

Modules within this course..

  1. Introduction to immigration bail

    Introduction and overview.

  2. Immigration bail applications

    Nuts and bolts of a bail application

  3. How to apply for Secretary of State bail

    Applying for immigration bail to the Home Office

  4. How to apply for First-tier Tribunal bail

    Tribunal bail applications

  5. After bail is granted

    Other types of hearing around immigration bail.

  6. Review


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