30.—(1) Where an application for bail is filed, the Commission must—
(a)as soon as reasonably practicable, serve a copy of the application on the Secretary of State; and
(b)fix a hearing [F1, unless a hearing has already been fixed under rule 9A(3)(a)] [F2or it has determined in accordance with rule 30A that there has not been a material change in circumstances].
(2) If the Secretary of State wishes to contest the application, he must file with the Commission a written statement of his reasons for doing so—
(a)not later than 2.00 p.m. the day before the hearing; or
(b)where he received notice of the hearing less than 24 hours before that time, as soon as reasonably practicable.
(3) If the Secretary of State objects to a statement filed under paragraph (2) being disclosed to the applicant or his representative, rules 37 and 38 shall apply.
(4) The Commission must serve written notice of—
(a)its decision upon an application for bail; and
(b)if and to the extent that it is possible to do so without disclosing information contrary to the public interest, the reasons for its decision,
on the applicant, the Secretary of State, and the person having custody of the applicant.
(5) Where bail is granted, the notice must include—
(a)the conditions of bail; and
[F3(b)the amount of any financial condition which the Commission has imposed on the applicant or on any other person as a condition of bail.]
[F4(6) Details of the financial condition must be in writing and must state—
(a)the sum of money that is required to be paid; and
(b)that the person on whom the Commission has imposed the financial condition has read and understood the bail decision, and that he or she agrees to pay the amount of money stated in it if the applicant fails to comply with the conditions set out in the bail decision.]
[F5(7) The document referred to in rule 30(6) must be—
(a)signed by the person on whom it has been imposed; and
(b)filed with the Commission.]
(8) The person having custody of an applicant must release him upon—
(a)being served with a copy of the decision to grant bail; and
[F6(b)being satisfied that rule 30(7) has been complied with in respect of any financial condition imposed as a condition of bail.]
Textual Amendments
F1Words in rule 30(1) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 18 (with rule 35)
F2Words in rule 30(1)(b) inserted (14.4.2015) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015 (S.I. 2015/867), rules 1(1), 10
F3Rule 30(5)(b) substituted (28.6.2018) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018 (S.I. 2018/736), rules 1(2), 11
F4Rule 30(6) substituted (28.6.2018) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018 (S.I. 2018/736), rules 1(2), 12
F5Rule 30(7) substituted (28.6.2018) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018 (S.I. 2018/736), rules 1(2), 13
F6Rule 30(8)(b) substituted (28.6.2018) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018 (S.I. 2018/736), rules 1(2), 14
Commencement Information
I1Rule 30 in force at 1.4.2003, see rule 1