Immigration Bail Applications

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

“Curzon Green were amazing throughout my horrible time in a Detention Centre. They helped secure my release and me to rebuild my life, but they also did so much more than this. I am so glad I was referred to Curzon Green. Thank you for changing my life.”


Immigration Detention

Immigration detention is the practice of holding people who are subject to immigration control in custody, while they await permission to enter or before they are deported. There is no time limit on immigration detention in the UK.

The Home Office detains around 24,000 people each year in “Detention Centres” or “Immigration Removal Centres.” There are limits to the powers of the Home Office to detain people in this manner and there is a legal presumption in favour of liberty.

Being held in prison-like conditions, particularly without any time limit, can cause great anxiety and distress. Many held in detention centres already have traumatic backgrounds, and the psychological impact of being held can be very damaging

When a person is held in immigration detention, they can make an application to be released on immigration bail to an immigration officer (acting for the Home Office) or to a Judge of the First-tier (Immigration and Asylum) Tribunal.

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 the beginning. A failure to do so may render the detention unlawful. A person detained may request the reasons if 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.

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.

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.

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: