A person who is being held in detention due to immigration matters can be granted bail as long as they undertake to abide by certain terms and conditions. The detained person (detainee) must have a ‘Financial Condition Supporter’ (also known as ‘Surety’). This is a person who.
Undertakes to pay money if the detainee breaks the terms of the bail
Can attend the detainee’s bail hearings
The detainee can apply for bail in 2 main ways.
- the Home Secretary (‘Secretary of State bail’) bail
- the First-tier Tribunal (Immigration and Asylum Chamber) bail
the detainee might be automatically referred for a bail hearing if he has been in detention for 4 months or more.
The detainee can apply to the Upper Tribunal or Administrative High Court for a judicial review of the government’s decision to detain him if they think that the decision to detain or to maintain detention was unlawful. The Upper tribunal or Administrative High Court, if his application for judicial review is granted, may direct to the Home Office to release the detainee on ‘Secretary of State bail’.