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Immigration Bail Update 2022

Speaker: Aqsa Hussain
Chambers: 33 Bedford Row

Aqsa regularly works with local and national charities on immigration cases. She dedicates much of her pro-bono practice to this work, for example, undertaking cases for Bail for Immigration Detainees where she represents asylum seekers at the first-tier tribunal, as well as working with the charity West London Welcome where she provides legal advice to its members on a regular basis. Further, she has experience in representing very vulnerable clients, such as victims of trafficking and modern slavery, in their asylum appeals.

In this presentation, Aqsa outlines the processes behind two primary ways of applying for immigration bails. The first one being the most common pathway, which is via the home office with a bail 401 form. The second pathway she describes is via the first year tribunal, which is only available to those who have been in the UK for at least 8 years already.

Key words/topics:

Schedule 10 of the Immigration Act
Immigration bail
Bail 401 forms
First year tribunal
B1 forms
Public protection risk factors
Lumber authority 2011
The power to detain
Continuous detention
Asylum support accommodation
Injunctive relief under unlawful detention proceedings
Varying bail