Schedule 5 - Immigration bail

Part of Immigration Bill – in a Public Bill Committee at 4:45 pm on 3rd November 2015.

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Photo of Keir Starmer Keir Starmer Shadow Minister (Home Office) 4:45 pm, 3rd November 2015

How is it proposed that this will work in practice? There is a hearing before the tribunal. The tribunal goes through the individual facts of the case and there is an argument before the tribunal on whether a condition of electronic tagging, for example, is appropriate. The tribunal looks through all the relevant material and says that in this case, it is not necessary according to the test. As I understand the Minister, the Secretary of State then comes along and says, “That’s all very well, tribunal, we disagree and we are now imposing a condition that you have just decided it is not necessary to impose.” If the individual does not like it, they go to the High Court on judicial review. Is that the regime?