Article 38 Applications for bail

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Rules revoked by Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) 2014 rule 45 Table 1
Rules modified by Transfer of Functions of the Asylum and Immigration Tribunal 2010 art. 4
rule 38(1) words inserted by Tribunal Procedure 2011 rule 12
rule 38 am by Asylum and Immigration Tribunal (Procedure) 2006 rule 13

(1)

An application to be released on bail must be made by filing with the Tribunal an application notice in the appropriate prescribed form.

(2)

The application notice must contain the following details—

(a)

the applicant's—

(i)

full name;

(ii)

date of birth; and

(iii)

date of arrival in the United Kingdom;

(b)

the address of the place where the applicant is detained;

(c)

whether an appeal by the applicant to the Tribunal is pending;

(d)

the address where the applicant will reside if his application for bail is granted, or, if he is unable to give such an address, the reason why an address is not given;

(e)

where the applicant is aged 18 or over, whether he will, if required, agree as a condition of bail to co-operate with electronic monitoring under section 36 of the 2004 Act;

(f)

the amount of the recognizance in which he will agree to be bound;

(g)

the full names, addresses, occupations and dates of birth of any persons who have agreed to act as sureties for the applicant if bail is granted, and the amounts of the recognizances in which they will agree to be bound;

(h)

the grounds on which the application is made and, where a previous application has been refused, full details of any change in circumstances which has occurred since the refusal; and

(i)

whether an interpreter will be required at the hearing, and in respect of what language or dialect.

(3)

The application must be signed by the applicant or his representative or, in the case of an applicant who is a child or is for any other reason incapable of acting, by a person acting on his behalf.