The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

Bail applications U.K.

38.—(1) A bail application must be made by sending or delivering to the Tribunal an application notice containing the information specified below.

(2) A bail application must specify whether it is for—

(a) the bail party to be released on bail;

(b) variation of bail conditions;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (d) payment of a sum under a financial condition; or

(e) a reference for consideration under paragraph 11 of Schedule 10 to the 2016 Act.]

(3) Subject to [F3 paragraphs (4) and (4A)], a bail application must contain the following details—

(a) the bail party's—

(i) full name;

(ii) date of birth; and

(iii) date of their most recent arrival in the United Kingdom;

(b) the address of any place where the bail party is detained;

(c) the address where the bail party will reside if the bail application is granted, or, if unable to give such an address, the reason why an address is not given;

[F4 (d) the terms of the financial condition to which the bail party is, or is proposed to be, subject;]

(e) whether the bail party has a pending appeal to the Tribunal or any pending application for further appeal relating to such an appeal;

[F5 (f) the full name, address, date of birth and any occupation of any person other than the bail party who is, or is proposed to be, subject to a financial condition.]

(g) where the bail party is aged 18 or over, whether the bail party will, if required, agree [F6 to co-operate with an electronic monitoring condition under paragraph 2 of Schedule 10 to the 2016 Act.];

(h) the grounds on which the application is made and, where a previous application has been refused, when it was refused and [F7 , where the previous refusal took place less than 28 days before the application,] details of any material change in circumstances since the refusal; and

(i) whether an interpreter will be required at the hearing, and in respect of what language and dialect.

(4) Where the application is for [F8 payment of a sum under a financial condition], paragraph (3) applies except for sub-paragraphs (a)(iii), (b), (c), (e) and (g) of that paragraph.

[F9 (4A) Where the application is a reference under paragraph 11 of Schedule 10 to the 2016 Act—

(a) paragraph (3) applies except for sub-paragraph (h); and

(b) the application must also contain—

(i) details of the provision or provisions under which the bail party is detained;

(ii) a copy of any previous Secretary of State decision on whether to grant bail; and

(iii) any documents relevant to (i) or (ii).]

(5) An application made by the bail party must be signed by the bail party or their representative.

[F10 (6) On receipt of a bail application, the Tribunal must record the date on which it was received and provide a copy of the application as soon as reasonably practicable to—

(a) the Secretary of State, the bail party and any other person subject to a financial condition, in the case of an application to vary a financial condition;

(b) the bail party, in the case of a reference under paragraph 11 of Schedule 10 to the 2016 Act; and

(c) the Secretary of State, in the case of other bail applications.]

Textual Amendments

F1 Rule 38(2)(c) omitted (15.1.2018) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(a); S.I. 2017/1241, reg. 2(a)(c)

F2 Rule 38(2)(d)(e) substituted for rule 38(2)(d) (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(b); S.I. 2017/1241, reg. 2(a)(c)

F3 Words in rule 38(3) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(c)(i); S.I. 2017/1241, reg. 2(a)(c)

F4 Rule 38(3)(d) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(c)(ii); S.I. 2017/1241, reg. 2(a)(c)

F5 Rule 38(3)(f) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(c)(iii); S.I. 2017/1241, reg. 2(a)(c)

F6 Words in rule 38(3)(g) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(c)(iv); S.I. 2017/1241, reg. 2(a)(c)

F7 Words in rule 38(3)(h) inserted (6.4.2022) by The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(12)

F8 Words in rule 38(4) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(d); S.I. 2017/1241, reg. 2(a)(c)

F9 Rule 38(4A) inserted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(e); S.I. 2017/1241, reg. 2(a)(c)

F10 Rule 38(6) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(f); S.I. 2017/1241, reg. 2(a)(c)