Detained by Immigration?We Fight for Your Release
If you or a loved one is being held in an immigration removal centre, we provide urgent bail applications and challenge unlawful detention. Same-day applications possible in emergency cases.
You have the right to legal representation. Ask to speak to a solicitor. You can apply for bail from day one of detention. Call our emergency line now or ask detention staff to contact us on your behalf.
Emergency Detention & Bail Help
Urgent cases prioritised - We can act within hours
Understanding Immigration Detention
The UK detains thousands of people each year under immigration powers. Unlike criminal detention, immigration detention has no statutory time limit. Understanding your rights and the legal framework is the first step toward securing release.
Powers of Detention
Immigration detention is authorised under Schedule 2 (pending examination or removal) and Schedule 3 (pending deportation) of the Immigration Act 1971. Detention must be lawful, necessary, and for a reasonable period. The Hardial Singh principles limit the Home Office's power to detain indefinitely.
Immigration Removal Centres
Detainees are held in IRCs across the UK including Brook House and Tinsley House (Gatwick), Harmondsworth and Colnbrook (Heathrow), Yarl's Wood (Bedfordshire), Derwentside (County Durham), and Dungavel (Scotland). Short-term holding facilities are also used at ports and airports.
Right to Bail
Every detained person has the right to apply for immigration bail. You can apply for Secretary of State bail from day one, or to the First-tier Tribunal after 8 days in the UK. After 4 months, the Home Office must automatically refer your case to the Tribunal if certain conditions are met.
Your Rights Inside an IRC
Under the Detention Centre Rules 2001 and Home Office policy, you are entitled to the following while detained:
- Access to legal representation and confidential legal visits
- Free telephone calls to legal representatives
- Access to healthcare including mental health services
- Visits from family and friends (with advance booking)
- Written reasons for your detention
- Regular detention reviews at specified intervals
- Access to the complaints procedure
- Right to an interpreter for all official communications
Your Rights in Immigration Detention
Detention does not strip you of your legal rights. The law provides important protections, and our solicitors ensure these are upheld.
Hardial Singh Principles - Limits on Detention
The landmark case of R v Governor of Durham Prison, ex parte Hardial Singh [1984] established four principles that limit the Home Office's power to detain:
- Purpose: Detention can only be for the purpose of effecting removal or deportation, not as punishment
- Reasonable period: A person may only be detained for a period that is reasonable in all the circumstances
- Due diligence: The Home Office must act with reasonable diligence and expedition to effect removal
- Prospect of removal: If it becomes apparent that removal cannot be effected within a reasonable time, detention must cease
Adults at Risk Policy
The Home Office's Adults at Risk in Immigration Detention statutory guidance (introduced under Section 59 of the Immigration Act 2016) provides enhanced protections for vulnerable individuals:
- Level 1 evidence: Self-declaration or professional observation of a vulnerability indicator (e.g. mental health condition, torture victim)
- Level 2 evidence: Professional evidence (such as a medical report) confirming the vulnerability
- Level 3 evidence: Professional evidence that detention is likely to cause harm (such as a Rule 35 report)
- Presumption against detention: The higher the level of evidence, the stronger the presumption that the person should not be detained
Rule 35 Reports
Rule 35 of the Detention Centre Rules 2001 requires IRC medical practitioners to report specific concerns to the Home Office:
- Rule 35(1): Health concerns likely to be injuriously affected by continued detention or conditions of detention
- Rule 35(2): Suspicion that the detainee may have suicidal intentions
- Rule 35(3): Concerns that the detainee may be a victim of torture. The Home Office must respond in writing within 2 working days
- Important: If you have scars, injuries, or mental health conditions linked to past abuse or torture, request a Rule 35 assessment immediately
Bail Application Routes
There are two main routes to apply for immigration bail:
- Secretary of State Bail (Form BAIL 401): Available from day one of detention. Decided by the Home Office without a hearing. Faster but decided by the detaining authority. No fee.
- First-tier Tribunal Bail (Form B1): Available after 8 days in the UK. Decided by an independent immigration judge at a hearing. Stronger option as judge is independent. No fee. Hearing usually within a few days of application.
- Automatic Referral: After 4 months in detention, the Home Office must refer your case to the First-tier Tribunal, provided there are no national security issues, no deportation action, and no recent tribunal application.
- If refused: You cannot reapply within 28 days unless your circumstances have materially changed. We ensure applications are thorough to maximise the chance of success first time.
How We Secure Your Release
Our detention and bail team acts with urgency. When freedom is at stake, every hour matters.
Emergency Contact & Detention Assessment
Contact us by phone, or ask IRC staff to connect you with a legal representative. We immediately assess the lawfulness of your detention, the reasons given, how long you have been held, and whether there are any vulnerabilities that should prevent your continued detention. If you are an adult at risk, we take immediate action.
Prepare Bail Application
We prepare a detailed bail application (Form B1 for the First-tier Tribunal or BAIL 401 for Secretary of State bail) setting out why you should be released. We gather evidence of a suitable bail address, arrange a financial condition supporter if beneficial, obtain medical evidence supporting release, and prepare legal submissions on why continued detention is unlawful or unnecessary.
Bail Hearing Representation
We represent you at the First-tier Tribunal bail hearing, presenting your case to the immigration judge. We argue why detention is no longer justified, address any Home Office objections, and propose appropriate bail conditions. Hearings typically take place within days of the application being submitted, often by video link from the IRC.
Challenge Unlawful Detention
Where detention is unlawful under the Hardial Singh principles, we challenge it through judicial review in the High Court. We can also apply for a writ of habeas corpus, the ancient remedy requiring the Home Office to justify your continued detention before a judge. If detention is found to be unlawful, you may be entitled to compensation for false imprisonment.
Post-Release Support & Compliance
Once bail is granted, we ensure you understand and comply with all bail conditions, including reporting requirements, electronic monitoring, residence restrictions, and any other conditions set by the tribunal. We continue to represent you in your underlying immigration case, working toward a permanent resolution of your status.
Frequently Asked Questions
No One Should Be Detained Without Proper Legal Representation
Immigration detention can be isolating and frightening. Our specialist team has secured the release of hundreds of detainees through successful bail applications and challenges to unlawful detention. If you or someone you know is detained, we can help.
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"Our visa refusal was overturned on appeal. The legal team prepared exceptional grounds and represented us at the tribunal hearing."
"Facing deportation was terrifying. They secured bail within 48 hours and successfully defended our case on human rights grounds."
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Meet the Specialists Behind Your Success
Our experienced team of immigration professionals is dedicated to helping you navigate the UK visa process with confidence.
Ian Henery
Solicitor
Malik Ansar
Immigration Consultant
Saima Kauser
Head of Administration
Alybah Fatima
Admin
Mohamed Mohamed
Immigration Case Worker
Safwan Shah
Legal Assistant
Musa Babal
Immigration Consultant
With decades of combined experience, our team has successfully helped thousands of families reunite in the UK.
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Emergency & Urgent Cases
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