Deportation bail in the UK is predominantly known as immigration bail. Therefore, if someone is being held in detention prior to being deported for an immigration-related charge, then they can pay a bail amount to be released from detention. Being released from detention does remove any of the deportation charges. With that said, this article discusses what deportation bail in the UK is and what your options are to appeal a deportation order.
Deportation Bail in the UK
You can apply for deportation bail under two circumstances. You must note that this bail is only applicable to those being deported for an immigration-related case. These two ways include
- Secretary of State bail for those detained by the UK Home Office
- First-tier Tribunal bail, which is bail granted by an immigration judge
When Can You Apply for Bail?
You can apply for bail when you are detained for at least seven days by the UK Home Office. If your bail request to be released from detention is denied, you can reapply for bail. However, you must do so within 28 days after being rejected the first time.
Dealing with Deportation
You should understand that the bail is simply for being released from detention. It does not help prevent you from being deported. If you or a loved one is facing deportation charges, the chances of winning a case are very slim. However, with the help of experienced solicitors in this field, you may have a fighting chance on some grounds. Therefore, below are some options you can consider when dealing with deportation in the UK.
A person facing deportation can challenge the order under a human rights claim. The UK Human Rights Act 1998 explains that deportation cannot occur when the person being deported is facing “torture” due to the deportation. Thus, this definition also includes the infringement of the private or family rights of the person.
A person has only 28 days after receiving the deportation order to appeal it. However, people in detention have 5 days maximum to make their appeal. This appeal should be created by a trained solicitor because it must detail how and why the deportation order is against the prohibition of torture.
Asylum seekers who are in detention can also appeal a deportation order. Your solicitor can guide you on the parameters of that appeal process as well.
After paying the bail, a person facing deportation can file a judicial review application when there is no human rights claim to challenge their deportation.
Final Words
Even if you are granted deportation bail in the UK, there’s still a low chance to win your deportation case. However, hiring solicitors who know the nuances of such cases can help improve your chances of being removed from the UK as they can guide you on how to effectively appeal your case.
