The Immigration and Asylum Appeals (Procedure) Rules 2003

PART 5 BAIL

Scope of this Part and interpretation

31.—(1) This Part applies to applications under the Immigration Acts to an adjudicator or the Tribunal, by persons detained under those Acts, to be released on bail.

(2) In this Part, and in Part 6 insofar as it applies to applications for bail, “applicant” means a person applying to an adjudicator or the Tribunal to be released on bail.

(3) The parties to a bail application are the applicant and the Secretary of State.

Applications for bail

32.—(1) An application to be released on bail must be made by filing with the appellate authority an application notice in the appropriate prescribed form.

(2) The application notice must contain the following details—

(a) the applicant's—

(i) full name;

(ii) date of birth; and

(iii) date of arrival in the United Kingdom;

(b) the address of the place where the applicant is detained;

(c) whether an appeal by the applicant to an adjudicator or the Tribunal is pending;

(d) the address where the applicant will reside if his application for bail is granted, or, if he is unable to give such an address, the reason why an address is not given;

(e) the amount of the recognizance in which he will agree to be bound;

(f) the full names, addresses, occupations and dates of birth of any persons who have agreed to act as sureties for the applicant if bail is granted, and the amounts of the recognizances in which they will agree to be bound;

(g) the grounds on which the application is made and, where a previous application has been refused, full details of any change in circumstances which has occurred since the refusal; and

(h) whether and in what respect an interpreter will be required at the hearing.

(3) The application must be signed by the applicant or his representative or, in the case of an applicant who is a child or is for any other reason incapable of acting, by a person acting on his behalf.

Bail hearing

33.—(1) Where an application for bail is filed, the appellate authority must—

(a) as soon as reasonably practicable, serve a copy of the application on the Secretary of State; and

(b) fix a hearing.

(2) If the Secretary of State wishes to contest the application, he must file with the appellate authority and serve on the applicant a written statement of his reasons for doing so—

(a) not later than 2.00 p.m. the day before the hearing; or

(b) if he was served with notice of the hearing less than 24 hours before that time, as soon as reasonably practicable.

(3) The appellate authority must serve written notice of the adjudicator or the Tribunal’s decision on—

(a) the parties; and

(b) the person having custody of the applicant.

(4) Where bail is granted, the notice must include—

(a) the conditions of bail; and

(b) the amount in which the applicant and any sureties are to be bound.

(5) Where bail is refused, the notice must include reasons for the refusal.

Recognizances

34.—(1) The recognizance of an applicant or a surety must be in writing and must state—

(a) the amount in which he agrees to be bound; and

(b) that he has read and understood the bail decision and that he agrees to pay that amount of money if the applicant fails to comply with the conditions set out in the bail decision.

(2) The recognizance must be—

(a) signed by the applicant or surety; and

(b) filed with the appellate authority.

Release of applicant

35.  The person having custody of the applicant must release him upon—

(a) being served with a copy of the decision to grant bail; and

(b) being satisfied that any recognizances required as a condition of that decision have been entered into.

Application of this Part to Scotland

36.  This Part applies to Scotland with the following modifications—

(a) in rule 32, for paragraph (2)(e) and (f) substitute—

“(e) the amount, if any, to be deposited if bail is granted;

(f) the full names, addresses and occupations of any persons offering to act as cautioners if the application for bail is granted;”;

(b) in rule 33, for paragraph (4)(b) substitute—

“(b) the amount (if any) to be deposited by the applicant and any cautioners.”;

(c) rule 34 does not apply; and

(d) in rule 35, for sub-paragraph (b) substitute—

“(b) being satisfied that the amount to be deposited, if any, has been deposited.”.