# 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.&#x20;

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?](/avid-handbook/legal-advice-and-representation/legal-advice-and-representation/what-is-legal-aid-and-what-does-it-cover.md)). This is provided by contracted firms through the [The Legal Aid Agency Detained Duty Advice Scheme (DDAS) in IRCs](/avid-handbook/legal-advice-and-representation/legal-advice-and-representation/the-legal-aid-agency-detained-duty-advice-scheme-ddas-in-ircs.md).

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.

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**Suggested Reading**

Visit our website to read [AVID's policy note](https://www.aviddetention.org.uk/article/immigration-bail-detention-and-access-to-justice---evidence-resources) (02/2026) on current trends impacting immigration bail.&#x20;
{% endhint %}


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