Detention & Bail
From 15 January 2018, the provisions of the 2016 Immigration Act regarding immigration bail came into force. This means that the status of “temporary admission” no longer exists.
Most people who claim asylum were given “temporary admission” while a decision was made on their case. The document that shows you have temporary admission is called an IS96.
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If you had been detained, you could apply to the Home Office for temporary admission, also known as temporary release, from detention. This had fewer conditions than bail, but was not often granted.
If you are detained, you would need to apply for immigration bail in order to be released from detention.
You can apply for bail from the Home Office and if this is refused, you can apply to the First-Tier Tribunal to have a bail hearing in front of a judge.
Detainees are more likely to get bail if they can demonstrate that they have a place to stay and that they have at least one ‘Financial Condition Supporter’ who will attend the necessary hearings on the detainee’s behalf and guarantee payment of any financial penalties on their behalf if bail conditions are not complied with.
Tribunal Bail
The power to grant immigration bail is available to the First-Tier Tribunal only if a person is already detained under any of the powers in paragraph 1(1) of Schedule 10. The Tribunal has no power to grant immigration bail to a person who is merely liable to detention but not actually detained.
A detained person who wishes to be granted bail by the Tribunal must submit an application in writing to the Tribunal using the allocated form. However the tribunal is no longer permitted to grant bail in any circumstances for eight days after arrival or where removal is within 14 days.
There will usually be a hearing to decide if an applicant should be granted bail.
As most Immigration Bail applicants before the Tribunal are by definition in detention, they will not be required to be present for the hearing and can nominate their Financial Condition Supporter to attend on their behalf, or they can appear by video-link.
Bail can only be granted with Home Office consent where removal directions have been set and they require the person to leave the UK within 14 days of the date of the bail decision. It is not unheard of for a 14-day removal direction to arrive the day that the Home Office receives notice of a bail hearing.
If the tribunal refuses bail, an applicant cannot re-apply within 28 days, unless there has been a material change of circumstances.
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In legal terms, family law refers to the laws and regulations governing family relationships. This includes divorce, finances, child custody, and other related issues. Each area sets out the rights and responsibilities of family members.
The time to complete a no fault divorce process varies. This because of the court’s can take longer in some cases to process the case. However, most are completed within 12 - 16 weeks.
Most property acquired during the marriage is subject to equitable division upon divorce. Property owned prior to the marriage or acquired during marriage by gift or inheritance is usually held separate.
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