Hi Money Moves Pre Solanki. I am a barrister among from Court Chambers in London today. I am going to provide a webinar on making bail applications in immigration there. It has been a shaker off this area, with new law having been introduced through the Immigration Act 2000 and 16. All came into force on the 15th of January of 2000 and 18 and so it's useful to keep up to date with changes. As a result off the changes in the law, a new male guidance has been issued by the tribunal Onda. Also, new bail guidance have been issued by the U. K B I. It is important as practitioners for us to keep up today with the detail of this guidance as it could be very useful in formulating bail applications. So starting point is that applications for bail can be made in two ways. I was directly to the secretary of state on there is now an application form that is to be used when an application for bail is made directly to the secretary of say, That form is failed for a wall and I've provided the lane to best application form within your handouts. Application for immigration. Bell can also obviously be made to the tribunal. Those are made on a political be one bat form is again available online and that provided the link to that in the handout to be, um, I started by talking about how they've been big changes to this area. As a result, off the Immigration Act 2000 and 16 it said you'll 10 of batter infection 61 66 on then that came into force has 15 January of 2000 and 18. Now that Schedule 10 is introduced, a holding a framework for bail, temporary admission and chief immigration officer bail. They no longer exists and schedule 10. It split up into different sections on DSO while some going through I'm going to headline sections for you on Give You what part of the schedule that refers to you. So I'm starting with The political appeal on that appears in paragraph one. Off schedule tend to the immigration at 2016. So that relates Teoh. Firstly, the power of the secretary of state to grant immigration bail that appears in paragraph one of affection one subsection two off of schedule 10 on the Secretary's Day, it said. Can Graham bailed? Simply where the individual is liable to detention, that means that they're not actually determined. Now. There is no equivalent provisions for the tribunal. It's only the secretary of state that can grant bail when an individual will is liable to detention, however, one subsection three of schedule tax deals with the power off the first year tribunal to grant immigration bail. Now, what is sad in um, in respect of the powers of the tribunal to grant immigration bail is that the tribunal is not permitted to grant bail in any circumstances for eight days after the individuals arrival and to the UK all where an individual's removal is going to take place within 14 days on, they can grant bail. In those circumstances, they have no power to you unless they have the concerns of the secretary of state's under the immigration at 2014. Then what's a requirement that was introduced for the secretary of state to consent to the release of a person's and on a bail where there was directions and place for their removal within 14 days? But the Immigration Act 2016 has taken that a step further. So now we're not. The tribunal isn't simply restricted from releasing the individual. It's the actual granted bail ill. They can't do that unless there is consent given by the secretary of state's. That is quite a significant change in wording from the 2000 and 14 that they I would like now for us to have a look at the tribunals fail guidance upon that issue. So where'd application for bail is made? Despite the fact that removal directions are in place within the next 14 days, he is still upon the tribunal to make sure that they list the application and they hear it on the tribunal. Bail Guidance is really very clear about this, so you can still go ahead and make the application if there are removal directions in existence. Obviously you may choose this practitioners not to do that, but there may be good reasons in a particular case why you feel that the removal isn't going to go ahead. But the removal might be unlawful. For example, of that the Home Office had threatened removal on a number of occasions, for example, and not carried out with it. It may well be that traveled off lamentation simply isn't place, so the client can't be rooming. You've practically in those circumstances, you might disciple. I still want to make the bail application for the clien on in those circumstances, the guidance. It's very clear that the tribunal should continue to lives, be application and hear it now at Washington tribunal. Then do at the hearing. They should listen to African submissions fulling on. They have to actually make a decision on whether or no bail should be granted, and that is regards herself at the removal directions being in place. Now the judge has to you on B, but bail guidance of the tribunal again is clear on this. Provide and a time note setting out the reasons why bail should be granted on The presenting officer had dealing with the case, then needs to go away and take that time. Notes two away and discuss the same with the senior caseworker. And they need to explain to the senior caseworker that the immigration judge has decided, despite the fact that there are in fact removal directions in place for the client within the next 4 14 there that bail should be granted to this individual. And they need to explain to the caseworker senior caseworker over the phone the reasons that the judge has given for that Andi they have home office. His own bail guidance is very clear. But those reasons need to be set out to lead to the feeling caseworker, so that they're fully able to understand why the judge has come to that conclusion despite the fact that removal directions are in place. What then used to happen If the senior caseworker needs to make a decision as to whether or not in line to back decision by the tribunal, they are going Teoh give consent to the got to fail and if they are, then the presenting officer will go back into court and informed the tribunal of that. If, however, they make a decision to not give concerns, then they need to go into court on Explain that and the tribunal have to produce a notice which effectively explains that they were prepared to grant bail but that they have had to refuse into the mandatory reason that the secretary of state has not consented to that. Runs now be careful about the Secretary of state saying that removal directions are in place within the next 14 days. It may well be that they are simply saying that all they said it in the bail summary, but that there is no documentation that actually shows that those removal directions all in fact, in planes. Now, if that is the case, you should raise an issue about that. And you should specifically fee um, those directions so that you're able to see them. And so the tribunal could be sure that they actually exist. There have been instances where it has simply been a submission that's been made It what then? Committee realizes. If the client says that they didn't, it exists on. In fact, the client is correct about that. S o the Secretary of say, the burden is on there to show that those removal of directions are in fact in place. Okay, so the next part off schedule 10 that I would like to deal with it bail on unlawful detention. So, considering section 61 subsection three and shut your talents of Section one fire you bale can now be imposed on a person who cannot lawfully be the tank on that includes one of secretary of state is considering whether to make a deportation order against that. Under a Section 51 of the Immigration Act 1971 big provision has been bought into place retrospectively on these deals with a judgment from 2000 and 15. It be on the secretary of state, a course repeal decision where the coal found bail conditions could only be impaired. This where the person could lovely big, subject to immigration detention. That was that bail conditions could not be imposed where there was no real off realistic prospect off removal. Now the secretary of state tried to appeal that decision to the Supreme Court, and that appeal was unanimously dismissed in February of 2018. And if, as a result about that, really, this part off, the immigration at 2016 has come into flying, okay, um, also important for us to look out. It's scheduled 10 subsection 16 which talks about a grant of immigration bell and not preventing subsequent detention. Now you might want to consider this type of issue very carefully, So what effectively needs is that your client may have been granted bail. Andi, I have a point that he granted back that he was granted bail. What he the same to the tribunal? If I've got an application pending on the basis of my family and private life, I'm going to go and live with my partner and my Children. And whilst I'm somebody who was an overtime and didn't bring myself to the attention off the head him off. Its previously I did that owing to fears I now have very good incentives to remain in contact with. Behave off it because of the fact that my application is pending because of my strong family ties on be home office at the bail hearing. They may well not be able to give any time scale for the consideration off that application a long time ago. That they give is one where the judge thinks, Well, that doesn't give a reasonable, um, prospect of removal taking place for any time saying okay, so that so then what might happen is your client goes to report within the next week or the or two weeks Andi, he's detained. And at that stage, the Home Office is saying we still don't have a decision on your application, but what competent that decision will come within the next couple of weeks. Your client is pretty much in the same situation that they were in when bail was granted. Andi at. Whilst it's perfectly possible for them to be really detained under the provisions of the odds, you might want to think about the Syrian unlawful detention kind because there isn't yet a decision on Whilst the Home Office is promising to make a decision soon, the big client hasn't actually been served with one, and often their promises they don't have. They don't often carry them out, and certainly not in a timely fashion on said. Be careful where that s sort of thing happens, Onda and it concerns me, happened where individuals are reporting Teoh, the secretary of state. So we're going to move on now to look out on burying bail conditions. So it's scheduled 10 6 on what that does is it connects the tribunal on the secretary of state me to a man removed or impose new conditions of bail. Now where be tried, You know, has management of bail. It's open to them to amend, remove or impose new conditions of bail. But it's common that what the tribunal does when it grants bail is it transfers the management of bail over to the secretary of state on where you don't back the tribunal loses the powers to amend or impose new conditions they powers off are simply then in place for the secretary of say Okay, so I just want to talk about transfer. I just want to talk about management to fail a little bit now. So, as I said, bail could be managed by over the secretary of state or by the tribunal on it's common for bail to be managed by the secretary. Troops say it is an open for applicants to ask the tribunal to key the tribunal as the individuals responsible for managing their bail. But they can't simply say, but that's what we prefer. They need to give a good reason for that now lie in the path to pad on cases where I have thought it too appropriate to do that. That has particularly been where an individual has been re detained in circumstances where they arguably should not have been So, for example, there an individual who has been reporting to the home office four years on Dover those years in the last six months, the Home Office's repeatedly to taking them despite the fact that not much has changed in their cakes. In those circumstances, it's entirely appropriate. Well, a request to be made that the tribunal will continue to manage bail. And indeed, the tribunal half agreed to about there may well be on the circumstances. You will need to look at the facts of your case very carefully. Okay, so, uh, moving on now, Teoh dealing with arrest whilst on bail. Now, this is a very interesting provision. It appears in sexual tents, paragraph 10 1 off the Immigration Act 2060. What it says is this an immigration officer or a comfortable May arrest without warrant a person on immigration bail If the immigration officer, all compensable a, has reasonable grounds for believing that the person is likely to fail so like a development in the future to comply with a bail condition, all they've got reasonable grounds for suspecting that the person it's failing or have failed to comply with the Bell condition. Now that is, um, extremely concerned. What might constitute reasonable grounds for a future suspicion that somebody minds have failed to comply with a bail condition. So an immigration officer they might use previous failures to bring in themselves to the attention off the say so saying individual has oversight that could be used as a reasonable ground to arrest. Even where that individual has recently combined with conditions, all weather has been a a large change in circumstances on they now have a very strong application for leave pending be. Provisions also say that they can use a warrant to enter premises. If there are reasonable grounds for thinking about a person is likely to be found there, they can use reasonable, false if necessary, on where police all immigration office, the intercity premises and detains a person. A detainee support officer that's actually a private security guard may also enter the premises to search the person on. They may also use reasonable force if need be. It's also said that if a person is arrested or detained, Athena's practicable. They must be ball between before the secretary of state, all the tribunal, depending on who's managing the bail on day, will make a decision as to whether or not, the person has broken, always likely to break their bail conditions. If they find that that isn't the case, then the person will be released on. If they find again, it's the individual that they can be re detained. Alternatively, they can vary their bail conditions and subject them to new conditions to try to ensure compliance. Okay, so just moving on Teoh discretion re Palin's contained within on schedule 10 Whether are exceptional circumstances. So these discretionary powers are in place to help people to need to bail conditions that are imposed on them. Paragraph nine. It confers a discretionary power of the Secretary of Study only where there are exceptional circumstances to provide or arrange for the provision off facility for the accommodation of a person who is subjected to a condition that requires them to live at a Pacific address, the person has to show that they would not be able to support him or herself. At the address. The secretary of state can also make payment for traveling expenses to a person for the purpose of enabling that person to comply with their bail conditions. So that's, for example, a reporting condition. It may well be that your client is able to show, but it cost them 10 £20 to travel to the reporting center on each occasion. On that they simply don't have those funds or that they would be left destitute on if they had to do that on a weekly awful on the basis on Paragraph nine, compares that discretionary power on secretary of state to provide them with those travel expenses. Now the Wayne went to obtain that support it by making submissions. Teoh might help. Now all about is set out in the Home office policy guidance on bail on immigration bail on. There is also a help falling that could be contacted for my help on. I've provided the details for that in the handout that accompanies its weapon up. Okay, now, where you are thinking about, um, trying for this kind of support. Just be Flight. Be careful. You may well know need to. It may not be necessary. It's all dependent on the facts of your K. So they give you that. Do bail applications in immigration frequently will know that residence conditions are no longer salt routine. Um, on In fact, the Home Office have advised in their own policy guidance documents, but they will no longer feet residents conditions in most cases, so long as a stable bail address is available. Therefore, judges don't need to automatically impose a residence condition on, and it's simply open to an African to show that a proposed bail addresses a stable address Now, where a person can offer a bail address, the judge then needs to consider whether they might be eligible to support of the schedule 11 to the 2016 and if they also entitled, then it's open to the judge. To Graham Provisional Bale, that is, they can grab bail, subject to an address being provided within 14 days or any other suitable periods. If it looks like it's going to take longer than 14 days for those provisions, people two plays, then they could grant they could. Except that period of time on what would happen is that assume that the address became available. The individual would be released there. Now it may well be that initially, the African that thought that within 14 day is that accommodation will be made available to them. But if that doesn't happen, it is open to applicants and their advisers to us, the tribunal for an extension on the provisional grant today on they can in fact even do that by consent with Secretary of State. So you can liaise with the Home Office and say the accommodation isn't looking likely. Can we agree to an extension? And then, with the correspondence from the home office agreeing to that right to the tribunal? Now, if the likelihood off a bail address becoming available within a reasonable period of time, it's life then. What the tribunal bail guidance actually says is that it will be appropriate to consider whether other conditions, which is more frequent reporting, could be applied in the meantime rather than refusing the application for bail simply on the basis that residence accommodation. And it's unavailable. Okay, Um, also, please don't get that release detainees who have in its initial asylum claim or an appeal outstanding or who are failed asylum seekers. They will be eligible for support if they meet eligibility. Quite, you are destitute, so that means that they're homeless or they have insufficient and fathers to be able to meet their essential living. I set that out for you in your hand outs. But just remember that there were support available by way of accommodation. For that, those individuals OK, so moving on to matters that me to be considered by the tribunal when they are grunting. Now the matters that are aborted for tribunal to consider affect out in paragraph 32 off schedule. Ted, um, they're calling a list of, um, matters, and I'm going to work through those one by one. There's no obvious priority to the matters. What the tribunal needs to do is consider all of the matters and then reach a decision in the round, having had to look at all the relevant factors. So, first of all, we've got the likelihood of the person failing to comply with the bail conditions. Now the tribunal bail guidance is really very useful and having the look at what is important when working through the factors. So what the tribunal bail guidance says about the likelihood of a person failing to comply with a bail condition is that they consider that the risk of absconding is left where a person have stable address. Now that includes a place where an individual has resided up previously where they have permission to live or where the people live it with them, have an interest in insuring their compliance. So that could be quite an easy thing to show to the tribunal. It may well be that he can't have in fact, lived with friends and family in the community for quite a while. Onda um, that that really is one of the strongest factors in their favor on under the Tribunal Bell guy. And it's that it's sad to show that it is likely that they will, in fact, complying with the conditions also inside. If they got active support from friends, they got good reasons to keep in contact with the tribunal or the Home Office, such as a pending application, a pending hail, a pending judicial review if there's no imminent prospect of removal. Ben, all of those factors tend to suggest they are likely to comply a previous history of compliance. So that is previous reporting that also tends to suggest that that that individual is that low risk of absconding. So there's quite a lot there full us to work with in demonstrating the first issue, and I tend to focus upon the because if you can put conditions in place that the individual is going to comply with, then it's really not necessarily often for them to continue to be 10 now. The next factor listen listed is whether a person has been convicted of an offence. Now that is a matter of fact. On usually in bail hearings, the Home Office will produce the PNC that sets out the Africans previous convictions. It is important that you checked that with your client because I most certainly have had an instance where a client with adamant button offensive not relating on. Actually, when the details trap to work beetles were checked properly. The date of birth for that individual on the address with different on the details had appeared on his pants. Ian correcting so just double chapter. But it is a matter of fact whether or not a new individual have been convicted off an offense. Now, when looking at the importance of offenses while the bail guide and says is that it will, it will be for a judge to decide whether to get weight. 20. Safeguarding concerns on that might include the date of the last conviction, the individual's behavior fence, Then be impact on the public of the individual being released and any risk assessment that have been undertaken by professional such probation services. So it isn't the case that there's a conviction of at the end. What needs to be considered is how that how that after the effects of the individual being relieved, it may well be that when the tribunal considers defense properly and the circumstances surrounding gettin students and on the individual's personal circumstances, But they don't consider that to be a material factor or a fact that weighs heavily against the individual when looking at their bail application. Okay, so the next factor raise the likelihood of the person committing an offence. Wealth on immigration Now, really, when looking at that, the tribunal is looking at the individuals criminal history. They'll be looking at professional risk assessments. What the bail guidance unfortunately said that that the absence of such assessments might mean that it is likely that judge decides that the risk of pet, that there is a risk that person may commit another offence whilst on immigration back eso always trying to obtain risk assessments. It may well be that there hasn't been a report for your kind or that it's impossible to obtain. Think about getting letters from a prison officers from vacation. If they're supportive of your client's case, it may well be that you're preparing for a deportation on that. You're already thinking about forensic psychiatric evidence to deal with risk. You might be able to get preliminary reports for the purposes of bail. Applications in defending is a serious issue in your case. It, for example, your clients Offending is caused by mental health issues, and you can show that you're kind been receiving treatment on they would receive the trick, same treatment and support in the community. Then that would tend to show you that there isn't a likelihood off that individual committing a further of fans if released because they're offending, is linked to their, um, mental health on. That could be a strong argument in support of a bail application. OK moving on. So the likelihood off a person's presence in the UK Walt on immigration bail, causing a danger to public health or being a threat to the maintenance of public order if the next factor. Now whether an individual poses a danger to public outpolls all maintenance of public order that really the matter for the immigration or the authority to prove on, They'll need to produce evidence off that. Now they might say that evidence is sensitive. On day can make an application under Rule 13 of the tribunal procedurals prohibiting dysplasia. But the tribunal guidelines say they will be very slow to restrict evidence being not available to the other party. So the next factor lifted is whether the person's attention is necessary in that person of interest, all for the protect action. Hold any of the person, so that might be where there is a risk. Teoh Children, where there's risk to another individual's a domestic violence friends that your kindness had in the past. Or it might be where your kind has mental health issues. Um, Andi. They could be being detained under the mental health that so if that's the case you spend on the tribunal, consider that it's still appropriate to release your client. It may well be that they continue to be detained under the mental health. Andi. There's nothing that obviously prevents that they can be dual detained on the bail. Guidance is really very clear on that. That isn't the only consideration that the tribunal can take into account, finally said, that they can take into account other matters as the tribunal beings all relevant, so that that finishes off on matters that need to be considered when looking at whether or not to grant bail. But we then need to look at conditions about. So let's move on to that. And those are dealt with at a program to schedule Onda. Okay, so there's a number of conditions that can be empire used on. I'm going to work through those different conditions with you now. So in appearance state condition, um, that is a condition that requires a person to appear before the secretary of state. All the first year tribunal at a specified time and place on Now back is a day where the bail conditions in terms can be with reviewed. It's different from reporting. Condition is a situation in which there can be a request made by the individual to completely change their conditions. So another condition that could be imposes an activity condition and activity condition is something that restricts the individual's ability to work. Um oh, study in the UK now just bear in mind that most individuals that are subjected to bail the activities are already restricted by law. They're not allowed Teoh at work or study on. There is case Lord, I put that into your handout. That makes clear that, um, there's no real need to oppose this type of condition on an individual where their activities are already restricted in law Now. Also, it's important to remind the tribunal they feel kind in somebody who is permitted to work committed to study. They might be an EU national that's facing people. Take a thumb, Ben. Employment and study can be factors that make it far less likely for an individual to ex couple eso. If that is something that is being requested by the secretary of state in your kind case, then you should most certainly remind the tribunal off the fact that it could be a factor that really assists an individual. And in fact, that wording appears in the Tribune of own bail guidance documents. Okay, so moving on to another condition, residents conditions. We've touched upon this already. This is a condition which specifies where a person has to resign. Um now it may well be that the secretary of state has no had sufficient time to check in a dress Onda. They may oppose bail. On that basis, you should revert to the tribunal bail guidance in the event that batter cares because one in facts, if that it will be for a judge to decide whether they're sufficient. Other evidence about the suitability of an address. If there's insufficient evidence, then the judge should consider whether all the bail conditions will be sufficient. And in the absence of any evidence of the country, judges will assume that landlords will give permission for an African to live in a property on where a person is subject to a Lifeson. That a probation officer will approve the address if there are no other concerns now, it used to be the case then and left there. Waas something in writing from a probation officer approving the address. The tribunal simply wouldn't grant bail, But now the government is written in the way that says the tribunal to desire to issue that they will make certainly improved eso. That it isn't is quite a significant change now in terms of landlords giving commission both that practice in immigration will be aware off the right to rent on hell on individuals without leave to remain largely prevented from renting. What B. M Home office Bail, Immigration Bell Guidance document fares is that where an individual is granted bail where the residents condition it can be taken almost as a given That they will be could be given permission to rags. Andi, You should certainly follow that up with the home off this. And if it is a major factor that it that's becoming an issue in your case before a tribunal Judge Ormandy, secretary of Stay, then refer them to that guidance. I put in the links to all of the guidance documents and I'm speaking about in the condo. They are very important tools and it's really impulsive US practitioners that we're familiar with these things. Okay, so reporting conditions. So this is the condition which requires the person to report to the secretary of stay off such a person as may be specified so in appearance, state condition is unlikely to be appropriate where the management of bail is being transferred to the Home Office, and it said that a residence condition should only be used where a person is required to reside at particular address but bail monitoring purposes not consequently. Because of that, the minimum under the new regime is likely to be a reporting conditions. So I just want to take you back a little bit. I felt at the outset when looking at conditions of bail, the tribunal has to impose one arm or conditions of bail. It may well be that the only condition that you're saying is appropriate is a reporting condition on Indeed, the bail guidance makes clear that that is being minimum and it can often be sufficient, um, to ensure compliance. So bear that in mind the conditions My So you don't need to be own wrist and long lace on Elektronik monitoring condition. So that is a condition which requires the person to cooperate with arrangements of secretary of State may specify for detecting and recording by Elektronik me the location, presence or absence of a person at specified times or period. Uh, which, mainly in place of reporting conditions on in some cases, will be mandatory. Now, the mandatory Elektronik provision. They're not getting force and they will not be in force until there's a further commencement order. But the mandatory Elektronik monitoring provisions those relating to individuals who, um, deportation is being pursued against what is said or what they're hoping to put in place. If that those individuals must have an electronic monitoring conditioning produce upon them where electronic monitoring doesn't fall within that mandatory provisions at what sentence judges should consider the following factors. Whether electronic monitoring is necessary, whether it's practical on whether such a condition would be country to the persons protected human life. So, for example, an individual might have to travel to be able to see their Children, and it may well be that they are simply unable to carry out the trouble if they are subjected to be Elektronik monitoring conditions. Now arguably, that's a breach of their human rights and dropped away. So that's the sort of thing that I haven't must Okay, now next, when you don t financial conditions now, financial condition is a payment of the sum of money, um, buying over the person to whom immigration on bail is going to be granted, or a person who is supporting be a bail application now when imposing a financial condition upon the individual against him. For him, bail is going to be granted. The tribunal has to bear in mind that that individual, it's like it to be a very limited means and so not going to have very much. It's not a prerequisite of immigration bail that there is financial condition. If we have a financial supporter who is saying I will give this sum of money, um, in support of this bail application and if this client absconds, I understand that I will leave that sum of money and that's how much I trust that individual then that individual, if somebody who is who is now referred to as a financial supporter those who are familiar with immigration bail applications will know that that's a change from the term shorty, not just dealing with these individuals. What the bail guidance, the tribunal bail guidance says, is that a financial supporters they should be entitled to be in a hearing that started at the end so that they're able to understand the process. If being tribunal is going to refuse a bail application, then they should be able to hear the reasons why that's being refused. Even if they didn't end up giving any evidence in the hearing, and it was simply refused, without consideration off the fact that they were going to support the application. They are entitled to hear the reasons why the application was refused, right? So it will. What said about financial supporters is that it's rarely going to be necessary to, um, question the financial supporter about whether they have influence over the person that's going to be released on immigration bail. Their suitability is going to depend on their own character, and that includes back to such as whether they have a criminal record, whether there is reliable evidence that shows that they would be able to cover the financial condition. Oh, they're all on. And that's really all that judges should be focusing upon when looking at financial supporters. That is set out in the bail guidance that my experience is that the Home Office continued to question financial supporters in bail hearings about what influence they go to have over the individual that's going to be granted bail on. They often say things like, Well, in the past, you didn't encourage them to make an application to remain here or you didn't encourage them to keep up with their reporting, and so that tends to suggest that they will not do so in the teacher. Now they may well be very good explanations to those questions anyway. But in the event that that's starting to look, problem acting, refer the tribunal just to the tribunal bail guidance and say, This isn't what you're supposed to be looking at. Where? The financial supporter. Okay, so I now and moving on to discuss the auto referral scheme for immigration based on this is contained within paragraph Level 11 schedule tad to the 2016 act and what that bears, if that in certain circumstances the secretary of state has a duty to arrange consideration of bail on that, they must arrange a reference to the tribunal to decide whether to grant bail. Now, those circumstances are that the individual have been in immigration detention for four months. Um, so if the individual has been in immigration in detention for four months on, they know yet had a bail application, then they will be automatically referred for the same to the tribunal. It's been four months since there to a last application for immigration bail was considered. Then again, there will be an altar over federal upper consideration off that day. Now that individual can give notice to the secretary of staying to say that they don't want to bail. Hearing on that obviates the need for the secretary of state to arrange that. That and they will be that the individual does won't be bail hearing to go ahead, but that they would like representation in place for it on what will happen is that the secretary of state will refer under the altar referral scheme on the individual will then be faced with the hearing taking place within the next few days. Bay can Sikua, droll Onda or representatives conceited withdrawal of that bail hearing so that they can lay to make a new application. With the assistance off, they're represents tips or with better evidence in place. Alternatively, you could try to us for in a German of the bail hearing, explaining that it's been set up through the also referral scheme. Except we have one cases where there was a green tea that, um so it most certainly appears that it's possible to do that, but I imagine it's all very judge dependence. Okay, so just bear in mind that be bail guidance. Will tribunal distance that detention for three months is considered to be a substantial period? Six months is considered to be a long period on imperative. Considerations of public safety may be necessary to justify detention in excess of six months. I also just want to touch on Wednesday, lad. So we probably loved by now they can impose immigration. Bellingham. Why train just circumstances? When does bail actually add? So that is when a person is no longer liable to detention that when a person is granted leave to enter or remain at the Pathan is detained. Oh, the person is removed from will leave the UK What about where there is a financial condition? Person on the individual breaches, the bail conditions. What happens about payment off that find out chills up. So that's dealt with under par about five and six of schedule Ted. And what that says is that the person who is liable to pay is to be given an opportunity to make representations where the tribunal has retained management of bail conditions. The traveler Eikenberry, the financial condition on that includes in relation of in relation to the question of liability to pay provision is made for recoverable payments to be treated as if recoverable under an order of the county cold in the England of miles on Auburn Island after about in the handout. But it is important to that financial supposes no, that they could be on to have implications for them if the individual doesn't combine. Okay, so let's just quickly touch upon the tribunal procedure rules. Um, how those are important in looking at bail hearing eso rule faulty of the tribunal procedure was 2014 is the first year tribe you know, immigration and find chamber rules. 2014. What that says is that the respondent has to provide a bail summary the day before the hearing. Now that Bale somebody has to set how concerns in relation to the fact that lifted in check in her back three of schedule 10 on also the bail conditions that are being sought. If bail is granted on, they also need to make clear whether or not removal directions are in place. So the bail somewhere he should deal with all the backs now in terms off other important parts off the rules. Rule 39 3 says that where an application for release on bail was received within 28 days off the tribunal, previously at a hearing having refused bail than the tribunal has to determine whether the individual who's applying for bail has demonstrated that there's been a material change in circumstance. So unless there's been a material change in certain sons is there will not be a new bail hearing listed. Instead, what the tribunal will simply do is dismiss that bail application without any hearing because it will say for and have been determined in the last 28 days and nothing has effectively changed. Okay, I just want to touch on a few of the things that are dealt with in the tribunal bail Guidance on bond. Um, just very quickly. What about cases that are where individuals are detained under the detained asylum case work, Um, scheme. So judges need to be flown to interfere where a person is obtained, Um, full of expedited examination of an application through the detained solemn casework system. Um, it said that, um at the same time, judges should not tolerate this delaying now the reality is that that's detained asylum casework system. It isn't actually fast. My experience says that it can take quite a few months for your case to be heard even if you're entertained. Asylum case work and it's important to highlight back to to the tribunal and, um, in terms off. Delaying it may well be that your client has, um, a German applications pending because they're trying to get more evidence together for their hearing entertained asylum case work. And that could be a very good reason for B of tribunal to grand fails and the fact that the tribunal guidance weeds in this way. Don't let it put you off making an application for a client that is in the eighth e. I just want to also remind off the purpose of immigration detention because the bail guide and said something quite useful about that. This is immigration detention. It's not to be used, prevent or restrict from pursuing lawful action. Teoh to remain, nor the deterrent punishment to coerce, not to prevent risk, all restrict establishment off family. If it looks like that's how detention is being used in your client's case, then you need to make sure that you highlight back to the tribute bail hearings. So what is the tribunal guide and say about bail hearings that might be useful? Want you submit your bail application? It says that be here and will usually be listed. Move within the next three working days. And my experience is that that does occur. Most failed humans. They take place with video equipment. It is possible for the client to ask to attend in person on, then. That is something that will go before a judge. And the judge will make a decision after whether or not the client should be for gay used. It may well be that the client has have previous refused bail applications and him being present in person. It's particularly important to on it might well be that you consider that important as well. It might be that your client has said that they've not been able to express themselves properly by video, Lee OK in terms of the matters that are going to be dealt with in a bail hearing, it said that bail hearing should deal with the following issues identification of the date that the individual actually entered into immigration detention. There should be confirmation that the technology that's been set out in the Home office bales summary is indeed accurate. And if there's any corrections that need to be made, it's good practice to do that right. Started the hearing. It's often the case. I find that the home office a bit fat from the Bales family so they can often fail to mention that your client it's an individual party for eight years, to if that's the case, you most definitely need to highlight to you and drive you removal directions that needs to be dealt with at the outset of be hearing as well if they're not in in place. Important to remind the tribunal off that if there's errors in relation to the huts or the home office, except they exist and you felt seeing them, then I would highlight that. Like to be outside of the hearing. If B tribunal makes a decision to glad fail, then they will prepare that grant immediately, and it will be issued immediately after the hearing. The representatives are supposed to check the details off that on informed the judge of any errors that on it before they leave the hearing center, where there is a refusal of bail, the tribunal will complete old bail healings. And then the refusal leads since will then be sent out to the parties important to also highlight that the bail guide and says that because of the narrow issues that need to be considered in a bail hearing, in most cases it will not be necessary for there to be examined cheese or cross examination to be to take place over the bailout chicken or any other persons president, and it's often it's on, it said. There's no need for clothing submissions as well now in mind in your particular case that that is necessary on that it has a very complicated history on the judge. Or indeed, you yourself think it's important a judge hears from the African all other persons involved. If that's the case, then you should most certainly request. But if it looks like your kind is being cross examined unnecessarily, then you should try to prevent that by reference in the bail guidance. I'm just going to move on now. To deal with troubles of bail applications. Often, representatives see the name of an immigration judge stealing with bail application on, they are aware. But this is a judge who routinely refuses and in fact often 80% 90% of the time refuses bail applications on both circumstances. What represents extend to do it's being to the client on advised them to withdraw the bail application and making new application on that is likely to then behead the following week. The reason that they do that is if the application is refused at the bail hearing, the crime will have to wait another 28 days before they're able to make a new application, or they'll have to show a change in safe so it can often be much better for the client simply to withdraw Now. This is a situation which is now down with under the tribunal bail guidance. And what said about that is that, um, that needs to be judicial oversight of withdrawals. That's what the bail guidance says, and there is reference to a decision in that cult, TPN. It's a 2017 off the tribunal decision that just be aware that TPM was recently held to be incorrect by being tribunal in A In a more recent case. But in any event, I don't believe that TV and deals with the withdrawal of bail applications. It deals with withdrawals off Pete's on DSO. It simply isn't relevant, in my view, to withdrawals of bail applications that nothing really that prevents on individual from from what drawing a bail application and wolf. The tribunal bail guidance says judges should not encourage patrol of bail applications on that. They should instead refuse a bail application in instead of, um, encouraging the withdrawal. If you are getting a feeling that things are going to go wrong, then in my experience, even despite this guidance, haven't come into force in January 2000 and 18 it is still perfectly possible to withdraw bail application quite easily on simply making you implication for your client with speed. Have a look at the tribunal Bell guidance on withdrawals in some detail. It makes for quite interesting reading on. I've included some extracts from the same in your handout. Okay, now I have also included the link to the Home Office policy guidance on immigration bail. That is a document that is to be read thoroughly. But I would particularly highlight Tiu, the section that deals with restriction on work on studies. It talked about how certain individuals admitted to study certain individuals up make it work on bond. How it could be unhelpful to impose such conditions on individuals. When I'm looking at bail, it's specifically highlights that there is nothing in the immigration rules that prevents an asylum seek from studying on that. It's usually not appropriate those individuals to be subjected to a condition that prevents them from study. It also talks about how, UM, individuals who have entered as Children Onda Ben, become models. Andi are in the process of studying. They shouldn't usually have their have conditions before from their their studies, so it can be useful where that type of thing has occurred. Often the Home office where they grant bail them cells imposed these types of conditions on you will need to challenge that will seek better off seat, apparently those conditions so that your client is being subjected to something that they shouldn't be on because and also to read the Home Office guidance in respect of residence andan respect to reporting on financial conditions. It talks about what they're looking for in terms of financial supporters that they need to be over the age of 18 have some kind of personal connection. I'll be from a repeatable organization. Have enough money. They talk about them being free of unspent criminal convictions on not having come to the adverse notice off the home Office. In respect of immigration matters, including another immigration fail cases, there is a specific section in the Home Office Bell guidance policy document that deals with obtaining consent. So this is consent. Where Bay individual has removal directions and plates within the next 14 days on it discusses what the process is for the presenting officer. Trying to seek concern again makes for really interesting hearing, and it shows that the Home Office that you need to be quite a law where the tribunal is minded to grant bail on bond removal directions are in place. And you should make sure that they are taking the steps that they have to under the bail guidance, because if they're not there, no acting in accordance with their policy guidance, and that means that individual is acting unlawfully. Okay, um, in terms of non compliance with immigration, Babel important just to remind your kind that where they failed to comply with a bail condition without reasonable excuse at that amounts to a criminal offence under section 24 off the Immigration act. 1971 on and they may be subject to a fine Amdahl wrote to six months imprisonment. I have dealt with that again in jail. Honda and I would recommend that you go read that in detail. Okay, so we've been through a lot of material in this webinar in respective making bail applications in the immigration cop context. I hope that you found it useful there. Asked the multiple choice questions for you to answer at the end, but I thank you for your time.
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