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When Is A Bail Application Most Likely To Succeed?

This is a difficult question to answer, but some general guidance is possible:

  • Where a person’s removal from the UK is not imminent, it is difficult to justify ongoing immigrationdetention and a bail application may well succeed

 

  • Where removals to a certain country are not possible for practical or other reasons, detention would normally be unlawful and a bail application should succeed

 

  • Where a person is a survivor of torture, they should not be detained

 

  • Unaccompanied minors should never be detained other than for a very short period in their own best interests

 

  • Families should not generally be detained other than for short periods before removal

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