Immigration Bail Overview

Bail is the temporary release of a person who would otherwise be in detention, usually with conditions attached to that release. Immigration bail in its current form can be viewed as a mechanism for enabling release from administrative detention with conditions attached, designed to ensure contact with the immigration authorities.

Anyone in detention can apply for bail. Legal aid is available for bail applications (read more on What is legal aid and what does it cover?). This is provided by contracted firms through the The Legal Aid Agency Detained Duty Advice Scheme (DDAS) in IRCs.

Two routes exist:

• Secretary of state bail: Bail is granted by the Home Office, namely an immigration officer or by a civil servant acting on behalf of the Secretary of State (without a hearing, can apply anytime);

• First-tier Tribunal bail: by an immigration judge of the First-tier Tribunal (Immigration and Asylum Chamber) (with a hearing, can apply after 8 days since arrival to the UK).

The High Court can also grant bail as a remedy in an application for Judicial Review.

Suggested Reading

Visit our website to read AVID's policy note (02/2026) on current trends impacting immigration bail.