Immigration Bail & Revocation of Deportation

Immigration bail and revocation of a deportation order are two mechanisms in immigration law that afford certain people a temporary right to stay in the country, even when their immigration status has been called into question or when they are at risk of being removed. The intention behind these provisions is to do justice and afford people an opportunity to contest the decisions that deny them the right to remain.

Immigration Bail
Immigration bail is a form of temporary release granted to those detained under immigration powers, especially removal or deportation. It enables an individual to be released from detention pending further legal action, for example, appeal, or until their immigration status is clarified.
It is generally issued either by an immigration judge at a tribunal or by the Home Office. There are mainly two kinds of bail:

1. Conditional Bail: The individual is released from detention, but only on strict conditions and may include any of the following conditions: Returning to a particular immigration office for routine periods. Surrender of their passport or travel document. Giving an address to be located at.
2. Unconditional Bail: The individual is released from detention without any specific conditions, though this is less common and generally applies to individuals who pose no flight risk or threat to public safety.

Procedure for cancelling a deportation order

1. Revocation: If a person wants his deportation order to be revoked, he is at liberty to file an application with the Home Office or appeal to the First-tier Tribunal (Immigration and Asylum Chamber) for the revocation. The grounds stated in the application should be supported by proof.
2. Appeal of the Decision: If the Home Office declines the revocation request, the person can appeal against the decision. The appeal will be heard by an immigration judge who will consider the evidence and decide whether to revoke the deportation order.
3. Timing: It should be noted that the request for revocation has to come forth soon after the deportation order is made. The case would be adversely affected with delays in requesting a revocation and that the person might be deported before the application is considered.
4. Decision: On revocation of the deportation order, the individual will be granted permission to remain in the country, and any restrictions that might have been enforced by the deportation order will be lifted. Notwithstanding this, it is not guaranteed, as each case would be dealt with on its merit.

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