SCHEDULES

SCHEDULE 10Immigration bail

PART 1Main provisions

11Duty to arrange consideration of bail

1

Subject as follows, the Secretary of State must arrange a reference to the First-tier Tribunal for the Tribunal to decide whether to grant bail to a person if—

a

the person is being detained under a provision mentioned in paragraph 1(1)(a) or (c), and

b

the period of four months beginning with the relevant date has elapsed.

2

In sub-paragraph (1)(b) “the relevant date” means—

a

the date on which the person’s detention began, or

b

if a relevant event has occurred in relation to the person since that date, the last date on which such an event has occurred in relation to the person.

3

The following are relevant events in relation to a person for the purposes of sub-paragraph (2)(b)—

a

consideration by the First-tier Tribunal of whether to grant immigration bail to the person;

b

withdrawal by the person of an application for immigration bail treated as made by the person as the result of a reference under this paragraph;

c

withdrawal by the person of a notice given under sub-paragraph (6)(b).

4

The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person—

a

includes such consideration regardless of whether there is a hearing or the First-tier Tribunal makes a determination in the case in question;

b

includes the dismissal of an application by virtue of provision made under paragraph 12(2).

5

The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person does not include such consideration in a case where—

a

the person has made an application for bail, other than one treated as made by the person as the result of a reference under this paragraph, and

b

the First-tier Tribunal is prevented from granting bail to the person by paragraph 3(4) (requirement for Secretary of State’s consent to bail).

6

The duty in sub-paragraph (1) to arrange a reference does not apply if—

a

section 3(2) of the Special Immigration Appeals Commission Act 1997 (persons detained in interests of national security etc) applies to the person, or

b

the person has given to the Secretary of State, and has not withdrawn, written notice that the person does not wish the person’s case to be referred to the First-tier Tribunal under this paragraph.

7

A reference to the First-tier Tribunal under this paragraph in relation to a person is to be treated for all purposes as an application by that person for the grant of bail under paragraph 1(3).