Many foreign nationals are regularly detained by the Home Office for immigration purposes. Individuals are able to be detained due to having entered the UK illegally, overstaying their visa, breaching the conditions of their visa or committing a criminal offence and are being considered for deportation.

If you are detained, then your detention must be justified by the Home Office at the time of your detention and at regular intervals during the period of detention. A failure to lawfully justify detention or a failure to correctly review detention may result in the detention being unlawful. It is possible to apply to the Chief Immigration Officer for temporary release or bail. However, on most occasions it is necessary to apply to the First-Tier Tribunal and request bail from an Immigration Judge.

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