Immigration Bail Applications

Our immigration solicitors are experts in making urgent immigration bail applications, and in over 15 years have never lost one.

Power to detain

The power  to detain people subject to immigration control within the UK, can be found within the Immigration Act 1971.

The circumstances whereby a person might be detained are:

  • When they are being examined as to their suitability for entry;
  • Pending their removal;
  • Pending deportation; or
  • As members of the crew of ships and aircraft.

The Nationality, Immigration & Asylum Act 2002, has extended the above power to include where the Home Office is deciding whether to remove a person but there are limitations on these powers.

Lawfulness of detention

Our team are able to advise on the lawfulness of any given detention. The presumption in law is in favour of liberty. Any detention must be justified and considered reasonable in all the circumstances. 

The Secretary of State must promptly provide reasons for a person’s detention at its outset. A failure to do so may render the detention unlawful, although this will not necessarily oblige release if there are otherwise good reasons for detention. A person detained may choose to request the reasons if they are not readily provided.

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

Particular categories of person may be deemed unsuitable for detention in the UK, including victims of torture or those considered otherwise vulnerable. If you are detained under the immigration rules in the UK, you should tell the Home Office as soon as possible if you consider your detention improper.

We understand that immigration detention matters are most urgent and very distressing for all involved. We can advise as to when to apply for immigration bail and represent clients in immigration bail applications. We have significant experience and expertise within this area of law and always represent our clients robustly.

An person who is detained in the UK under immigration powers can apply for apply to the Home Secretary (‘Secretary of State bail’) any time after they arrive in the UK or to the First-tier Tribunal (Immigration and Asylum Chamber) if they arrived more than 8 days ago. Our team have a great deal of experience in representing those in immigration detention for all types of immigration bail. 

Secretary of State (401) Immigration Bail Applications

A person in immigration detention can apply to the Home Secretary for bail from the first day they arrive in the UK. This is called ’Secretary of State Bail’ and usually involves the completion of a specified from, making representations as to why they should be granted immigration bail and providing supporting documents to evidence that they should be granted immigration bail. Our team of immigration experts have a great deal of experience in making applications for secretary of state bail. 

We are proud to be able to offer a fixed fee for full representation in your secretary of state bail application. Many of our clients find this to be useful in managing their costs and expectations. We tend to charge £1,000 to £2,000 plus VAT for a bail application. There are generally no third party fees. Although the below pricing information provides a cost range, you will always be given a precise cost on instruction. We provide a cost range because all cases vary. 

Please do not hesitate to contact our team for advice on a precise fee for representation in your matter or with any queries that you may have.

Contact Us

If you have any other queries about our immigration services, we warmly invite you to contact our team of experienced practitioners. You can do this by clicking on the links below or by telephoning or emailing our offices. 

Email our immigration practitioners: