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Release from detention
The UKBA has wide-ranging powers of detention (Sch 2, sect 16-20), which are not necessarily the subject of judicial scrutiny as are, for example, the police service's powers.
However, the UKBA's decision to detain is the matter of internal checks and balances, and if either there is no immediate prospect of removal, or, perhaps, the detainee is female, consideration should be given to the individual's release from detention. Minors should not be detained at all.
It is possible to challenge the UKBA's decision to detain an individual, and the person’s release can be sought on either temporary admission (TA) or bail. TA is normally granted without recognisance, whereas bail is usually granted upon the offer of a surety.
Upon formal instruction, we are able to make representations to the UKBA to seek the detained person's release from detention.
For further information, and to discuss your individual circumstances, please contact us.
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