SCHEDULE 3 U.K.Admission on bail to the United Kingdom to make submissions in person in connection with an appeal

Application for permission to be admitted on bail to the United Kingdom to make submissions in person U.K.

1.—(1) An appellant (“A”) may apply to the Secretary of State for permission to be admitted on bail to the United Kingdom in order to make submissions in person at a hearing if the conditions in sub-paragraph (2) are satisfied.

(2) The conditions are—

(a) that the Secretary of State has certified A's removal from the United Kingdom under regulation 16(3) [F1 or 16A(3)],

(b) the hearing forms part of the proceedings on, or in connection with, an appeal to the Tribunal against the appealable decision in respect of which A's removal was certified under regulation 16(3) [F2 or 16A(3)],

(c) a date for the hearing has been set by the Tribunal, the Upper Tribunal or the court (as the case may be) before which the hearing is to take place, and

(d) A is outside the United Kingdom.

(3) The Secretary of State must give such permission to A unless A's appearance may cause serious troubles to public policy or public security.

(4) The Secretary of State must have regard to the dates on which A will be required to make submissions in person when determining—

(a) when A is entitled to be given permission, and

(b) the duration of A's admission on bail, should permission be given.

(5) Nothing in this paragraph affects any power of the Secretary of State to remove A from the United Kingdom while A's appeal is pending if—

(a) A is admitted on bail to the United Kingdom under this paragraph, and

(b) the relevant hearing has taken place.

(6) If A is removed from the United Kingdom while A's appeal is pending, A is not prevented from applying for admission to the United Kingdom on bail in order to make submissions in person at any subsequent hearing in accordance with this paragraph.

Textual Amendments

F1 Words in Sch. 3 para. 1(2)(a) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(3)

F2 Words in Sch. 3 para. 1(2)(b) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(3)

Commencement Information

I1 Sch. 3 para. 1 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)