HL Deb 27 November 1991 vol 532 cc84-5WA
Lord Hylton

asked Her Majesty's Government:

By what authority of law, asylum-seekers who have committed no offence in the United Kingdom have been required to provide bail in order to avoid imprisonment.

The Minister of State, Home Office (Earl Ferrers)

There are provisions in the Immigration Act 1971 under which people detained under that Act may be released on bail. Paragraph 22(1) of Schedule 2 relates to people detained pending examination, who may be released on bail if seven days have elapsed since their arrival in the United Kingdom; and paragraph 29(1) relates to people who have appeals pending under the 1971 Act.

Similarly, paragraph 3 of Schedule 3, which deals with deportation, provides, amongst other things, for the release on bail of people detained under that schedule, who have appeals pending.

In addition, the court has an inherent jurisdiction to grant bail on an application for judicial review or habeas corpus.