[2024] UKUT 00068 (IAC)

Immigration bail is established by Schedule 10 to the Immigration Act 2016 (“the 2016 Act”). In broad terms, para. 1 of Schedule 10 provides that the Secretary of State may grant a person immigration bail if the person is being detained under powers pertaining to their examination or removal (para. 16(1), (1A), (2) of Schedule 2 to the 1971 Act, section 62 of the Nationality, Immigration and Asylum Act 2002), or under powers pertaining to their deportation (para. 2(1), (2), (3) of Schedule 3 to the 1971 Act, section 26(1) of the UK Borders Act 2007). The power is also engaged where a person is liable to detention under one of the above provisions: para. 1(2), and may also be exercised by the First-tier Tribunal, on application (see para. 1(3)).

The present immigration bail regime repealed the former temporary admission regime which preceded it: see para. 20 of Schedule 10. The regime provisions are relevant since they formed part of the reasoning in SC. Immediately before its repeal, para. 21(1) of Schedule 2 to the 1971 Act provided:

“(1)

A person liable to detention or detained under paragraph 16(1), (1A) or (2) above may, under the written authority of an immigration officer, be temporarily admitted to the United Kingdom without being detained or be released from detention; but this shall not prejudice a later exercise of the power to detain him.”