Question to the Home Office:

To ask Her Majesty's Government why they have set the period of detention before an individual may apply for bail from immigration detention as seven days.

Paragraph 3(3) of Schedule 10 to The Immigration Act 2016 sets out the limitation on the First-tier Tribunal to grant immigration bail:

A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 8 days beginning with the date of the person's arrival in the United Kingdom.

This limitation only applies to people detained under paragraph 16(1) of Schedule 2 pending examination and pending a decision to give or refuse leave to enter. It does not extend to those detained under paragraph 16(1A) of the Schedule, which is for the purpose of removal.

The published detention policy makes it clear that detention must only be used when necessary, and for the shortest possible period. There is a presumption in favour of liberty for any person, and during this time, Secretary of State bail can be granted where appropriate in the individual case. Once a person is in detention, regular reviews are undertaken to ensure that their detention remains lawful, appropriate, and proportionate.