Part 1 Main Provisions

SCHEDULE 10 Immigration Bail

Section 61

Part 1 Main Provisions

Power to grant immigration bail

1

(1)     The Secretary of State may grant a person bail if—

(a)     the person is being detained under paragraph 16(1), (1A) or (2) [, (2) or (2C)] of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),

(b)     the person is being detained under paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),

(c)     the person is being detained under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), or

(d)     the person is being detained under section 36(1) of the UK Borders Act 2007 (detention pending deportation).

(2)     The Secretary of State may grant a person bail if the person is liable to detention under a provision mentioned in sub-paragraph (1).

(3)     The First-tier Tribunal may, on an application made to the Tribunal for the grant of bail to a person, grant that person bail if—

(a)     the person is being detained under paragraph 16(1), (1A) or (2) [, (2) or (2C)] of Schedule 2 to the Immigration Act 1971,

(b)

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