Judges received new guidance on the implementation of immigration bail, written by the president of the First-tier Tribunal (Immigration and Asylum Chamber), Judge Clements. The newly published 19-page guidance takes into account changes made to the immigration bail system introduced by the Immigration Act 2016. The guidance replaces the old Presidential Guidance Note, which was drafted in 2012.
London-based law firm Gherson Immigration wrote a general informational blog piece on the new guidance, which can be accessed here. Key new elements according to Gherson Immigration include:
- The immigration judge does not decide whether detention is lawful or not, but if detention is deemed no longer justifiable, bail has to be granted.
- Judges are no longer in a position to determine where an applicant may live, and are not to automatically impose a residence condition.
- An immigration judge is not able to propose or encourage the withdrawal of bail applications.
- “Special regard” would be needed concerning the length of detention.
The new guide can also be read here in full.