Dignity not detention: a new immigration bail observation project for Scotland

A new partnership project between SDV, University of Glasgow Go Justice Centre and Justice & Peace Scotland will explore what happens when people in detention in Dungavel apply for release on immigration bail

SDV were delighted to be funded for the project through The Paristamen Charity’s Blue Sky Grants programme under the theme of Christian engagement with asylum seekers in Scotland. It will provide new information on the operation of immigration bail in Scotland and make policy recommendations based on its findings.

Two of the partners (SDV and GO Justice) are secular, but Justice & Peace Scotland will bring a Christian perspective to the work and in particular to its dissemination

Applying for bail to the First-tier Tribunal (Immigration and Asylum Chamber) is the main route for people to try to be released from detention, so it is not surprising that this is not the first time that researchers in Scotland have examined the process. A similar project was undertaken in 2015.

But much has changed since then. The legal and political environment for asylum seekers and other migrants has become harsher, people in detention in Dungavel face greater problems securing legal representation, and bail hearings are much more likely to be conducted using the court and tribunal service’s cloud video platform, where all particpants dial in from different locations. And an issue unheard of in 2015 is that people are granted bail in principle by the tribunal, but remain in detention because they do not have suitable accommodation. Our project will allow for the exploration of all these issues.

The scoping and planning phase of the project has already started, with the team reviewing existing research, clarifying the operation of bail hearings in Scotland, and developing research materials. An unexpected development in this phase has been learning that Dungavel will be closing for three months from June for essential electrical works. We are currently working to establish the impact this is likely to have on our work. 

Over the summer period we will recruit a team of student volunteer observers who will collect the data for the project. This is a great opportunity for law students to gain valuable experience in research work, in understanding the operation of the First-tier Tribunal and in social-justice lawyering.

A training day in September, run by the GO Justice Centre with input from the other partners and from a practising immigration solicitor will prepare them for their work. We anticipate that they will observe around 80 to 100 immigration bail hearings in late 2026.

Observers will attend hearings, and record details about what they see including whether applicants have legal representation or interpreters, how judges manage the hearings, what information is presented by the Home Office, and what decisions are made.

A full report of the project, analysing the results of the observations and building on the work of bail observation projects across the UK will be published. We also intend to develop a shorter policy recommendations paper.

Justice & Peace Scotland will lead on the dissemination of the findings and policy recommendations of the project. This will build on their existing work around asylum seekers, refugees and migration which includes regular solidarity gatherings at Dungavel and working with other organisations to challenge the increasingly racist and hostile rhetoric directed towards those who come to make their home in Scotland.

They will hold events in all eight dioceses in Scotland, to explain the research and its relevance to Christian values and teaching. The events will increase understanding and engagement with the issues and encourage attendees to contact their MSPs and MPs on the issues raised by the project. SDV and the University of Glasgow will also disseminate the findings through their own ongoing policy and knowledge exchange work.

SDV and the other partners are excited to be doing this work and are grateful to the Paristamen Charity for their generous funding.

If you are interested in learning more about the project, contact Kate Alexander, director of SDV.