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

Bail applicationsU.K.

This section has no associated Explanatory Memorandum

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 [F3paragraphs (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 [F6to 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 [F8payment 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