Without it needing to be prolonged, the fact itself of being held in immigration detention can be quite distressing. Once a person finds themselves detained under immigration powers, it is very most likely with a view to deportation or removal. In such circumstances, the immediate question then becomes when and how best to submit a bail application.
Some several matters set out below may be worth considering when preparing an application for bail.
The recently reported case of Khan, R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 416, raises the following issues in summary:
In essence, what Mr Khan did wrong in seeking to assert that he was entitled to indefinite leave to remain under the previous 14year long residence rule was that he :
Adult dependant children or siblings sometimes face considerable problems when seeking to join or remain with a sponsoring parent or sibling residing in the UK. Reliance can be placed upon several provisions, however it is undeniable that some routes are much more difficult to satisfy than others.
Yet again another increase of fees for Home office applications and Tribunal fees. Read more on my overall view on the proposed higher fees and tactics to buy yourself time to pay.
An applicant may inadvertently fail to submit the correct specified application form and thereby also provide the wrong fee payment or none at all. An applicant may also fail for one reason or the other to have their biometrics taken within the required time limit. These errors and failures may ultimately result in invalidation of a timely submitted leave application and therefore rejection with the result that such an applicant becomes an overstayer. An invalid application does not extend leave under section 3C of the 1971 Act (as per Iqbal & Ors, R (on the application of) v The Secretary of State for the Home Department [2015] EWCA Civ 838, mentioned below). Section 3C does not extend leave where the application is made after the applicant’s current leave has expired.
The judgment in Santos, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 609 (Admin) is quite lengthy, running to 163 paragraphs, however makes most interesting reading in relation to the issues raised.