How to apply to be released on bail if you're appealing to the Special Immigration Appeals Commission against an immigration decision.
When you can apply
The government may hold you in a detention centre or prison if it believes you’re a threat to national security and should be deported.
You can apply to be let out on bail while you’re waiting for the commission to hear your immigration appeal.
A solicitor or legal adviser can help you apply.
Apply for bail
Fill in the bail application form.
If you can’t download the form, you can ask the commission or staff in the prison or detention centre for a copy.
Send the completed form to firstname.lastname@example.org or:
Special Immigration Appeals Commission
HM Courts and Tribunals Service
15-25 Bream's Buildings
Telephone: 0300 123 1711
Fax: 01264 785 091
What to put in the application
You’re more likely to get bail if you have:
- a place to stay
- someone to take responsibility for you, as a ‘surety’
The surety will have to agree to:
- pay money if you break the conditions of your release
- make sure you stay in touch with the authorities
- go to your bail hearing
If you can, include your address and the name of the person who will be your surety when you apply.
In Scotland, the person who’ll pay money is called a ‘cautioner’, and they will have to deposit the money before you’re released.
If you’re released on bail
The commission will hold a bail hearing to decide if you should be released.
If you are released, you will have to obey conditions, like:
- staying at a given address
- keeping away from named persons
- not using computers or mobile phones
If you break any of these conditions:
- you will have to go back to prison or the detention centre
- your surety will have to pay the bail money
If you’re due to be removed from the country in the next 14 days, the Home Office may also have to agree to your release.
If things change
If your circumstances change, eg you need to move to a new address, you may have to ask for a change to your bail conditions.
You can ask for changes using the bail variation request form.
If you’re refused bail
If you’re refused bail, you can apply again.
If you reapply within 28 days and your situation hasn’t changed significantly in that time then you’re unlikely to get a hearing.
Published: 17 August 2015
Related guides: Apply to the Special Immigration Appeals Commission