| Recent decisions by Immigration Judges on refusing | | | | underestimated. Even the strongest bail applications |
| bail for detainees show that the grant of temporary | | | | on principle can fail if a Judge feels uncomfortable |
| release is starting to slow down. | | | | about granting bail in practice. |
| With the Home Office in rampant mood with | | | | Sureties must know the detainee and must show to |
| removals and deportations of illegal over stayers in | | | | have knowledge of the applicant's immigration status |
| the UK, it is little surprise that applications for bail are | | | | in the UK. Family members come across as more |
| on the increase. | | | | reliable sureties than friends. The length of time the |
| Many failed immigrants who have had the misfortune | | | | surety has known the applicant is also fundamentally |
| of being stopped by police for random checks have | | | | important. Cross examination at the bail hearing by |
| ended up in Immigration detention due to lack of | | | | Home Office Counsel is almost a certainty on this |
| status. Those who had escaped the radar for years | | | | point. |
| have suddenly found themselves scurrying around for | | | | The recognizance (bail bond) put forward by the |
| Solicitors to lodge last ditch applications to lengthen | | | | surety is also a vital component. It is said that the |
| their stay. | | | | more money one puts forward the better chance |
| Making an application for bail in such cases is not as | | | | the application will have. Although this may be true in |
| straightforward as would first appear. The old adage | | | | most cases, it is important to note that Judges are |
| that everyone is entitled to liberty unless there is a | | | | looking for a sum which is significant to the surety. It |
| good cause to incarcerate has almost vanished in the | | | | must be a sum which, if lost or forfeited, will hurt the |
| Immigration Courts. Those seeking bail have a uphill | | | | surety hard |
| struggle to persuade any Judge to take a chance. | | | | A surety carrying a bank statement confirming |
| Firstly, it is important to understand that in order to | | | | £20,000 cannot put forward a sum of |
| have a successful bail application, there must be a | | | | £500. It simply will not be classed as a |
| sound footing as to why bail should be granted in | | | | significant sum. However, a surety with a modest |
| principle. If there is no imminent removal then the | | | | balance of £800 can argue that the sum of |
| application has a strong base. However, something | | | | £500 is a huge sum and would be financially |
| has to be pending. It is pointless applying for bail if | | | | crippling if it were to be given away. Either way, |
| the applicant has no outstanding applications or court | | | | sureties must always remember to bring recent bank |
| hearings in the UK and is simply applying for bail to go | | | | statements or mini statements when standing as |
| seek the help of a solicitor. | | | | surety. Bank statements 3 months old will simply not |
| If there is an outstanding application with the Home | | | | help even in the strongest application. |
| Office or there is an appeal pending with the Asylum | | | | The bail accommodation is also an essential ingredient |
| and Immigration Tribunal, then Judges will be minded | | | | in the bail application. It is advisable for the surety to |
| to grant bail in principle. The only difficulty applicants | | | | provide his/her address as the bail address. It is futile |
| may find here is if they carry serious criminal | | | | for any detainee to provide an address in Rochdale |
| convictions and would be classed as a danger to the | | | | when sureties live in London. There is no possible |
| public. However, most detainees seeking immigration | | | | way of exerting any sort of influence when sureties |
| bail would have already served sentence and the | | | | live far away from applicants. The Courts and Home |
| humble request of a reformed character would | | | | Office find that surety addresses are more suitable |
| always persuade a reasonable Judge. | | | | especially if there is a history of absconding or |
| Further, the importance of sureties cannot be | | | | non-reporting. |