Under the Immigration laws of the UK, the Secretary of State has the power to detain any foreign national who have breached immigration rules, overstayed or entered illegally.
The Home Office (UK Border Agency) would therefore detain foreign nationals where someone has:
- Entered the UK unlawfully without leave to enter
- Entered the UK by deception
- Overstayed and breached the terms of their visa
- Committed a criminal offence as a person subject to the UK immigration control
- Refused to voluntarily leave the UK after being informed by the UK Border Agency of their liability to detention
What can we do?
- Advice you on the merits of your case and how best we can assist you.
- Depending on your circumstances apply to the Home office for your temporary admission into the UK now called ‘immigration bail’.
- Make representations to the Home office for your release on bail pending consideration of our representations on your behalf
- Apply directly to the Immigration Tribunal for bail.
- Apply to the Upper Immigration Tribunal for an Injunction stopping flight arrangements already made by the UK Border Agency
- Apply to the Upper Immigration Tribunal for a Judicial Review of your matter, then apply for your temporary release pending the outcome of the Judicial Review.