Commentary on Sections Schedule 1: Enforcement Powers Section 7: Immigration bail: repeat applications and effect of removal directions
59.Subsection (2) inserts new paragraph 22(4) into Schedule 2 to the 1971 Act, which provides that the Secretary of State’s consent is required to release a person on bail where removal directions are in force and the removal is due to take place within 14 days of the date of the decision to grant or refuse bail. The Government has published a statement of intent setting out how this provision will be used.(17)
60.Subsection (3) provides that the Tribunal Procedure Rules(18) must provide that where a person has already made an unsuccessful bail application to the Tribunal under paragraph 25 of Schedule 2 and another application is made within 28 days, the Tribunal must dismiss it without a further hearing unless the applicant demonstrates that there has been a material change in circumstances. The Tribunal Procedure Committee recently consulted(19) on whether to make rules to limit repeat bail applications and published draft procedure rules(20). The effect of the change in the Act is to make it mandatory that the procedure rules include this provision rather than at the Committee’s discretion.
61.Subsection (4) amends paragraph 29 of Schedule 2 to clarify that when a person has an appeal pending under Part 5 of the 2002 Act they must apply for bail under paragraph 29, and not under paragraph 22.
62.Subsections (5) and (6) make equivalent amendments to those made by subsections (2) and (3) in respect of bail applications under paragraph 29 of Schedule 2 (i.e. applications made by a person who has an appeal pending). So subsection (5) amends paragraph 30 to state that where removal directions have been set for a date within 14 days of the decision to release on bail, a person may not be released on immigration bail by the Tribunal without the consent of the Secretary of State.
63.Subsection (6) provides that the Tribunal Procedure Rules must state that where a person has already made an unsuccessful bail application to the Tribunal under paragraph 29 and another application is made within 28 days, the Tribunal must dismiss it without a further hearing unless the applicant demonstrates that there has been a material change in circumstances.