Immigration bail can offer a vital opportunity for individuals held in detention to resume their lives while their cases proceed. However, certain practical issues frequently arise, especially around residence conditions, probation approval, accommodation under Schedule 10 and the use of financial sureties. Understanding these helps immigration professionals anticipate difficulties and find effective solutions.
Probation Approved Bail Addresses
Obtaining bail often involves specifying a residence. When an applicant is also subject to a criminal licence, immigration judges may impose a condition that the probation service must approve the address. Official guidance makes clear that unless there is evidence to the contrary, judges will assume landlords permit residency and that probation will approve the address if there are no specific concerns. In practice, this assumption is regularly overlooked and such approval conditions are imposed regardless.
When delays occur, practitioners should strongly consider applying for a variation at the bail review stage. If delays persist it may be appropriate to send a pre action protocol letter to the probation service highlighting the urgency of resolving the address approval to protect the individual’s liberty.
Schedule 10 Accommodation Complications
Immigration bail may also be granted on condition that the individual resides in Schedule 10 accommodation. A recent Court of Appeal decision in Northern Ireland, Bounar, emphasised a strict reading of “specified address.” Unless an address was included in the bail condition, Schedule 10 providers might refuse accommodation. This creates a paradox where bail is granted on a condition that cannot be satisfied.
Despite Bounar, the Home Office continues to interpret Schedule 10 accommodation pragmatically. Its guidance holds that an “address specified” may include one that is not yet known at the time of the bail grant, especially when the person still requires accommodation. This purposive stance seeks to avoid needless procedural complications, but continued monitoring is advised to ensure it remains applied consistently.
Financial Sureties When They Are and Are Not Required
The tribunal guidance states that financial conditions should not be the default. They are intended for exceptional circumstances when there is doubt about compliance. In many cases they are unnecessary. Nonetheless, practitioners frequently encounter bail hearings where financial condition supporters are treated as essential and undergo extensive questioning. This runs counter to guidance indicating limited scrutiny is generally sufficient.
It remains essential to prepare both the applicant and any proposed financial supporter thoroughly, anticipating lengthy examination even when not warranted. This preparation ensures that bail hearings proceed without undue delay or complication.
Conclusion
Practical difficulties in immigration bail proceedings often stem from misapplied or overlooked guidance. Timely applications for variation, proactive follow up with probation, and careful scrutiny of bail conditions can help safeguard an applicant’s right to liberty. Practitioners should continue to share insights and experiences to promote consistent, fair processes and resilient legal arguments.
Contact Soma Barzinji [email protected] for personalised support and guidance.