Detention and Bail

Detention

The power of the Secretary of State to detain people subject to immigration control within the UK, can be found within the Immigration Act 1971 and in particular at Schedules 2 and 3 (as amended).

The circumstances whereby a person might be detained are:

The Nationality, Immigration & Asylum Act 2002, has extended these powers to include where the Home Office is deciding whether to remove a person.

Despite there being no limit on the period for which a person can be detained in the UK and the relatively wide powers, possessed by the Secretary of State, this does not mean that detention is always appropriate or lawful.

The presumption in law is in favour of liberty and any detention must be justified and considered reasonable in all of the circumstances. The basic justifications for detention are set out in Home Office guidance documents and include:

The Secretary of State must promptly provide reasons for a person’s detention at its outset and a failure to do so may render the detention unlawful (although this will not necessarily oblige their release if there are otherwise good reasons for their detention).

Following detention, regular reviews must be carried out by various officers of the Home Office and any big changes of circumstances should prompt a further review. A failure to conduct these reviews at the necessary frequency and level of seniority may render a person’s detention unlawful.

Particular categories of person may be deemed unsuitable for detention in the UK and this may include victims of torture or those considered vulnerable for other reasons.

On 15 January 2018, a new bail regime was introduced in the UK and temporary admission is no longer a route for those held in immigration detention. There have been notable developments within the law on unlawful detention, case law and policy.

At Curzon Green Solicitors, we understand that detention matters are most urgent and very distressing for all involved. We have significant experience and expertise within this area of law and seek to represent our clients in their bail applications robustly.
 
Bail

A new immigration bail regime was implemented on 15^th January 2018. Key features are as follows:

Our Fees

At Curzon Green, we are able to make bail applications and provide full advocacy in your bail application to either the Home Office or the Tribunals.

Consultation fee (charged at an hourly rate):

Immigration Caseworker (High Wycombe): £150 + VAT
Immigration Caseworker (London): £250 + VAT
Senior Immigration Caseworker/ Head of Department (High Wycombe): £250 + VAT
Senior Immigration Caseworker/ Head of Department (London): £350 + VAT

Bail application (CIO): 

Fee range (High Wycombe): £600 - £800 + VAT
Fee range (London): £800 - £1,000 + VAT

Bail application (Tribunal): 

Fee range (High Wycombe): £2,500 - £4,000 + VAT
Fee range (London): £2,500 - £4,000 + VAT

List of potential additional costs in immigration cases:

• Home Office application fee (see here)
• Immigration Health Surcharge (see here)
• Immigration Skills Charge (see here)
• Interpreters fees
• Bail application fees
• Tribunal fees
• Optional premium service fees for in-country and out-of-country applications

Please contact our immigration team today for a free no obligation discussion by calling our City of London or High Wycombe offices on the telephone numbers referred to at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.