Guidance

Special Immigration Appeals Commission: apply for bail

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鈥檙e a threat to national security and should be deported.

You can apply to be let out on bail while you鈥檙e 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鈥檛 download the form, you can ask the commission or staff in the prison or detention centre for a copy.

Send the completed form to [email protected] or:

Special Immigration Appeals Commission
HM Courts and Tribunals Service
15-25 Bream's Buildings
London
EC4A 1DZ

Telephone: 0300 123 1711
Fax: 01264 785 091

What to put in the application

You鈥檙e more likely to get bail if you have:

  • a place to stay
  • someone to take responsibility for you, as a 鈥榮urety鈥�

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鈥檒l pay money is called a 鈥榗autioner鈥�, and they will have to deposit the money before you鈥檙e released.

If you鈥檙e 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鈥檙e 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鈥檙e refused bail

If you鈥檙e refused bail, you can apply again.

If you reapply within 28 days and your situation hasn鈥檛 changed significantly in that time then you鈥檙e unlikely to get a hearing.

Updates to this page

Published 17 August 2015

Sign up for emails or print this page