Immigration Detention and Bail Applications

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:

  • 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 these powers to include where the Home Office is deciding whether to remove a person but there are limitations on these powers.

Despite there being no fixed 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 and our team are able to advise on the lawfulness of any given detention.

It is important to understand that the presumption in law is in favour of liberty and any detention must be justified and considered reasonable in all of the circumstances. 

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) and a person detained may choose to request these if they are not readily provided by the decision making team, to help with understanding 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. If a person is detained under the immigration rules in the UK, they should tell the Home Office as soon as possible if they feel that these things apply to them and even if they are not sure if it may affect their immigration detention.

Our team understands that immigration detention matters are most urgent and very distressing for all involved. We are able to advise as to when it might be appropriate to apply for immigration bail and represent clients in immigration bail applications. We have significant experience and expertise within this area of law and seek to represent our clients in their bail applications 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 and can advise on the strengths of an application under these provisions. 

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. Although the below pricing information provides a cost range, you will always be given a precise cost on instruction and this will be detailed in your client care letter. The reason that we provide a cost range is because cases can vary considerably according to their complexity. 

Home Office Fee: No charge; &

Curzon Green (London based client) Fee: £1000-£2000 plus VAT; or

Curzon Green (Buckinghamshire based client) Fee: £500-£1500 plus VAT.

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 are unsure as to which service might be appropriate for your matter, or 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. You can explain to the receptionists that you are seeking to speak with the immigration team.

Telephone our offices:

London: 020 3443 9576

High Wycombe: 01494 451355

Marlow: 01628 958445

Email our immigration practitioners:

Meet our immigration team!