Immigration bail - GOV.UK

1 Page 1 of 106 Published for Home Office staff on 30 August 2022 Immigration bail Version Page 2 of 106 Published for Home Office staff on 30 August 2022 Contents Contents .. 2 About this guidance .. 7 Contacts .. 7 Publication .. 7 Changes from last version of this guidance .. 7 Introduction .. 8 Transitional provisions .. 8 Eligibility for Immigration bail .. 9 Power to grant Immigration bail .. 10 Duration of Immigration bail .. 10 Conditions of Immigration bail .. 12 Immigration bail conditions: general .. 12 Immigration bail conditions: appearance before Secretary of State or Tribunal .. 13 Self check-in .. 14 Immigration bail conditions: restrictions on work, occupation or studies .. 14 Work or occupation .. 14 14 15 Asylum seekers .. 15 Immigration offenders .. 16 Deportation 16 Study condition: quick guide on usage .. 17 Immigration bail conditions: residence.

2 18 Residence condition set by the First- tier Tribunal .. 19 Residence condition: referring cases to the Immigration Enforcement (IE) Evictions Team .. 19 Immigration bail conditions: reporting .. 20 Reporting centres .. 20 Reporting to police stations .. 21 Telephone reporting .. 21 Digital reporting .. 21 Consideration of digital reporting .. 21 Technology requirements .. 22 Contact detail verification .. 22 Frequency of digital reporting .. 22 Page 3 of 106 Published for Home Office staff on 30 August 2022 Digital reporting process .. 22 Implementation of digital reporting .. 23 Identification of digital reporting condition .. 23 Recipient options Not for me .. 23 Changes to contact details .. 24 Ceasing the digital reporting 24 Non-compliance with digital reporting .. 24 Immigration bail conditions: Electronic monitoring .. 25 Electronic monitoring (EM) duty .. 26 Use of EM.

3 28 Vulnerability considerations .. 29 Representations .. 32 Levels of authority for use of EM .. 35 Electronic monitoring: individuals subject to the duty .. 36 Practical reasons .. 37 Electronic monitoring: individuals not subject to the duty .. 38 Where a Justice Department imposes EM conditions .. 38 Electronic monitoring: implementation .. 39 EM address considered unsuitable .. 40 No fixed abode .. 41 Failed EM inductions .. 41 Electronic Monitoring: additional requirements .. 42 EM and linked Supplementary Conditions: 43 Compliance with Immigration bail .. 44 The risk of re-offending .. 44 Vulnerabilities .. 45 Use of automated business 47 Risk of Harm types- Offences .. 47 Use of data .. 51 Breach of Immigration bail 51 Person Absconds .. 51 External Agency Request (EAR Requests) .. 52 Article 8 Representations / Further Submissions .. 52 Allegations of EM Breaches or Intelligence of Immigration bail Condition Breaches Received.

4 52 Subject Access Requests or Legal Challenge .. 52 Immigration bail conditions: 52 Page 4 of 106 Published for Home Office staff on 30 August 2022 Immigration bail supplementary conditions: curfews, inclusion or exclusion zones .. 53 Linked Supplementary Conditions: review .. 54 Immigration bail conditions: financial 55 Financial condition: fixing the sum to be paid .. 56 Financial condition: supporter .. 56 Investigating Financial Condition Supporters .. 56 Financial condition: recovery .. 57 Exercising the power to grant Immigration bail .. 58 Statutory limitations on First- tier Tribunal power to grant Immigration bail .. 58 Detention under paragraph 16(1) of Schedule 2 .. 58 Consent to bail : directions in force for removal within 14 days of bail decision . 59 Repeat applications for Immigration bail .. 59 Informing detained persons of their Immigration bail rights .. 61 Immigration bail : Secretary of State.

5 63 Application for 63 Level of authority to grant or refuse Immigration 63 Immigration bail consideration process: non-detained .. 64 Immigration bail consideration process: detained .. 64 Immigration bail consideration process: detained: FNOs with financial condition .. 65 Outcome of consideration .. 66 Grant of Immigration bail .. 66 Issuing bail 67 Updating CID .. 68 Notifying interested parties .. 68 Refusal of Immigration bail .. 69 Repeat Immigration bail applications .. 69 Immigration bail : First- tier Tribunal .. 70 Consideration of cases .. 70 Listing an Immigration bail hearing .. 70 bail summary .. 71 bail summary: additional requirements if removal scheduled within 14 days of hearing .. 73 Directions for removal within 14 days: evidence .. 73 Removal directions set after bail summary completed .. 73 bail summary: requirements for auto-referrals .. 74 Consent to bail : Secretary of State.

6 74 Page 5 of 106 Published for Home Office staff on 30 August 2022 Obtaining consent: 74 Consent: considering the request .. 75 Consent: refusal .. 75 Refusal of consent: decision maker action .. 76 First- tier Tribunal grants Immigration bail .. 76 First- tier Tribunal refuses bail .. 77 Withdrawal of First- tier Tribunal bail application .. 78 Varying Immigration bail conditions .. 79 Transfer of bail from the Tribunal to the Secretary of State .. 79 Transfer of bail with financial condition .. 79 Variation of bail by the Secretary of State .. 80 Variation of bail by the Tribunal .. 80 Variation: consent .. 81 Variation: refusal of consent .. 81 Variation: notification of outcome .. 81 Electronic monitoring condition: limitation on variation .. 81 Meeting bail conditions: Secretary of State support .. 82 Accommodation .. 82 Exceptional circumstances .. 82 SIAC cases .. 82 Harm cases.

7 82 Serious Harm: definition .. 83 European Convention on Human Rights: Article 3 cases .. 83 Undertaking a Human Rights Assessment .. 84 Other categories of migrant likely meet the Article 3 test .. 86 Limited period: definition .. 86 Right to Rent .. 86 Provision of accommodation .. 87 Types of bail accommodation: .. 87 Requests for accommodation .. 88 Travel expenses .. 89 Automatic referral for consideration of Immigration bail .. 90 When the duty does not apply .. 90 Relevant date for referral .. 91 Automatic referral process .. 91 Opt in .. 91 Opt out .. 91 Page 6 of 106 Published for Home Office staff on 30 August 2022 No response .. 91 Auto-referral and accommodation .. 92 Non-compliance with Immigration bail : administrative penalties .. 93 Breach of a bail condition: Secretary of State .. 93 Breach of a bail condition: Tribunal .. 94 Recovery of payment under financial condition.

8 94 Initiating financial recovery action .. 94 Breach of EM Immigration bail conditions .. 96 Arrest by Immigration officer or constable .. 96 Administrative arrest .. 97 Search and arrest with warrant .. 97 Action following arrest .. 97 Non-compliance with Immigration bail : criminal penalties .. 99 Asylum claimants: additional 100 Asylum claims made by Illegal entrants .. 100 Asylum claims from persons with leave .. 100 Reconsider a decision .. 102 Ending Immigration bail .. 103 Transitional arrangements .. 104 Immigration bail notices .. 105 Forms used by the First- tier Tribunal .. 105 Forms used by the Secretary of 105 Page 7 of 106 Published for Home Office staff on 30 August 2022 About this guidance This guidance tells decision makers about Immigration bail as provided for under Schedule 10 to the Immigration Act 2016. Reference to decision makers in this guidance means all persons acting on behalf of the Secretary of State on Immigration bail matters; this includes Immigration officers.

9 With immediate effect and until further notice, the use of: informing detained persons of their Immigration bail rights meeting bail conditions: Secretary of State support accommodation As set out in this instruction is suspended and the separate Immigration bail Interim Guidance must be used instead. Contacts If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors, then email Immigration bail Policy. If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team. Publication Below is information on when this version of the guidance was published: version published for Home Office staff on 30 August 2022 Changes from last version of this guidance Adjustments to: Telephone reporting Digital reporting Immigration bail conditions: electronic monitoring (EM) Non compliance with Immigration bail : administrative penalties Related content Contents Border Force Immigration bail risk assessment form Related external links Schedule 10 to the Immigration Act 2016 Page 8 of 106 Published for Home Office staff on 30 August 2022 Introduction This page introduces you to the single power of Immigration bail .

10 It is published policy that detention will only be used sparingly and as a last resort. There is a presumption in favour of not detaining and, wherever possible, alternatives to detention must be used. Schedule 10 has replaced the various pre-existing alternatives to detention (temporary admission, temporary release on bail and release on restrictions) by a single power to grant Immigration bail . This guidance applies to the use of Immigration bail in cases managed by Border Force, UK Visas and Immigration , and Immigration Enforcement. It replaces all previous guidance on: temporary admission temporary release on bail release on restrictions Further information on detention can be found in the Detention guidance. As an alternative to detention, the purpose of Immigration bail is aligned to the purpose of detention, which is to facilitate return of individuals who have no legal basis to remain in the UK.