Challenging Immigration Detention through Bail - 21 Oct 14
Objective of the Course:
The course is about detention and bail applications and so will be of relevance to all levels of OISC with the exemption of Level 1 in which there may be proceedings before the tribunal. The aim of the session is to provide participants with an understanding of how to prepare for and how to present a bail application before the First Tier Tribunal. Understand the legal and practical side of Detention and Bail. Although the process is prompt and relatively informal, there are numerous procedural, legal and evidential pitfalls which, all too often, trip up the unwary and result in bail being refused when it should have been granted.
Topics to be Covered:
- The Power to Detain and categories of Detention.
- Understanding when you can challenge detention.
- The relationship between Detention and Human Rights Law.
- Reasons for Detention.
- Preparing a Temporary Release or Admission Request.
- Preparing a Bail application.
- Making a Section 4 application for accommodation.
- Understanding Procedures and Requirements such Sureties and Recognisance, Tagging and Accommodation.
- Advocacy at the Bail Hearing.
- Travel Documents and Returns Schemes.