Bail and removal directions

A bail hearing may be scheduled, only for the Home Office to serve removal directions. It will be for the legal representative, on instruction from their client in detention, to determine whether or not to withdraw the bail application prior to the hearing. This will depend on a number of factors, including whether or not the person has a travel document in place, and whether there are barriers to their removal.

The Immigration Act 2014 introduced a provision requiring any release on bail, granted by an independent immigration judge to someone who has removal directions set for a date within 14 days of the bail hearing, to be approved by the Home Office. In other words, the government can override a judge’s decision to release on bail if removal directions are scheduled within 14 days. It is however unlikely that a Judge would grant bail with removal directions in place.