Moved by
Baroness Hamwee
16: Before Clause 3, insert the following new Clause—
“Presumption of liberty
(1) In the event of an application for bail from detention, an immigration office or the First-tier Tribunal must release the detained person on bail unless the First-tier Tribunal is satisfied that there are substantial grounds for belief that if released the person would—
(a) fail to comply with one or more of the conditions of bail or of any recognisance or bond, or
(b) while on bail commit an offence which is punishable by imprisonment.
(2) In subsection (1), “detention” has the same meaning as in Schedules 2 and 3 to the Immigration Act 1971.”