The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act 2002 (as amended). The issue has been considered...
We’ve decided to turn the text of Sonia’s weekly email newsletter introduction into a blog post. It’s too good for us not to share with blog readers as well as newsletter subscribers. If you want the newsletter promptly and straight to your inbox on Mondays at 12pm then you’ll still...
Civil legal aid funding is available for judicial review and habeas corpus claims (Legal Aid, Sentencing and Punishment of Offenders Act 2013 (LASPO), Schedule 1, paragraphs 19-20), subject means and merits assessments, and certain exclusions. The judicial review must have the potential to produce a benefit for the individual, a...
I hadn’t realised they’d ever gone away, I confess, but Immigration Minister Robert Jenrick wrote on 5 June 2023 to the chair of the Home Affairs Select Committee to say that appeal first, deport later cases are back: I am writing to advise you that from today the Home Office...
The Illegal Migration Bill was published yesterday. You can access the Bill here and the Explanatory Notes here. While it remains a Bill, the individual provisions are referred to as clauses and once it becomes an Act — as it surely will — they are referred to as sections. The...
The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant back to the UK to ensure he had an effective appeal. The case is R (Watson) (s. 94B process; s....
Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who were deported in 2017 due to their criminal convictions. Both had made human rights claims to stay in the UK. Their claims were certified, meaning...
Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from the famous Kiarie and Byndloss case. In Juba, the Upper Tribunal has found that it was acceptable for the First-Tier Tribunal to hear an appeal...
REVIEW AND DEVELOPMENT OF LATIN AMERICAN HOUSE LEGAL AND SOCIAL WELFARE ADVICE SERVICES CONSULTANCY SERVICES INVITATION TO TENDER Purpose Latin American House (LAH) wishes to procure consultancy services to help us to improve and increase the provision of our legal and social welfare advice services. Background LAH was established in...
The new case of R (QR (Pakistan)) v Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from last year’s Supreme Court judgment in Kiarie and Byndloss, relating to the infamous “deport first, appeal later” policy. The QR judgment itself doesn’t give much more guidance...
In the case of R (Wandzel) v Secretary of State for the Home Department (Rev 1) [2018] EWHC 1371 (Admin), Nigel Poole QC, sitting as a deputy High Court judge, had to deal with the effect of the famous case of Kiarie and Byndloss (discussed on Free Movement here) for deportation cases...
Just one new reported decision of the Upper Tribunal this month. It involves a Jamaican national deported in September 2016 who, rather poignantly, “has never physically seen” his son, born in the UK later that year. The case is R (Watson) v Secretary of State for the Home Department &...
AJ (s 94B: Kiarie and Byndloss questions) Nigeria [2018] UKUT 115 (IAC). Not much to say on this one as the headnote is self explanatory: (1) In the light of Kiarie and Byndloss v Secretary of State for the Home Department [2017] UKSC 42, the First-tier Tribunal should adopt a...
When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the UK took an audible sigh of relief. In that case, the Supreme Court held that the “deport first, appeal later” regime which operated under section...
In 2006 it emerged that the Home Office had failed even to consider for deportation over one thousand foreign national offenders before they were released from prison at the end of their sentences. The BBC has a useful timeline of the unfolding story available here. Home Secretary Charles Clarke was sacked...
The Home Office can, in some cases, decide that, if an applicant has been refused an application, they will only have the right to appeal against the decision once they have left the UK, or been deported. These are referred to as “out of country appeals”, or “deport first, appeal...
Stateless people in the UK face enormous hurdles in the road to becoming British citizens. One of those barriers is the extraordinarily high cost of acquiring British citizenship, writes Asylum Aid’s Cynthia Orchard. The UK government has taken some steps to ensure its approach to statelessness complies with international law....
Welcome to the May 2017 edition of the Free Movement immigration update podcast. This month I’m starting with the current waiting times for immigration appeals, moving on to give some quick mentions to some big blog posts we put out in May and then covering a load of cases from...
This month starts with the current waiting times for immigration appeals, moving on to give some quick mentions to some big blog posts we put out in May and then covering a load of cases from Strasbourg, the CJEU, several from the Court of Appeal and then quite a few...
In R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 the Supreme Court has struck down “deport first, appeal later” certificates for two foreign criminals. The Home Office had made use of new rules in the Immigration Act 2014 which force some appellants to...
Page contentsWhat is the hostile environment?Origins and development of the hostile environmentWho is affected by the hostile environment?What is the intention behind the hostile environment?Access to employment: employer sanctionsAccess to love: restrictions on marriage and relationshipsAccess to housing: the “right to rent”Access to health: NHS charging and data sharingAccess to...
In the judicial review case of Ayache, R (on the application of) v SSHD (paragraph 353 and s94B relationship) [2017] UKUT 122 (IAC) the Upper Tribunal considers the lawfulness of a decision to certify a human rights claim under s.94B Nationality, Immigration and Asylum Act 2002. For those not already...
The power under the Immigration Act 2016 to certify any human rights appeal, not just deportation appeals, for “remove first, appeal later” treatment came into force today, 1 December 2016. For background see this earlier blog post: New commencement order introduces out of country human rights appeals and more. Guidance...
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The end of immigration appeals from within the UK is nigh: section 63 of the Immigration Act 2016 is being brought into force from 1 December 2016 by the Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037SI 2016/1037). The change introduces a power for the Home...
Statutory changes A new section 94B of the Nationality, Immigration and Asylum Act 2002, inserted by the Immigration Act 2014 and brought into effect on 28 July 2014, provided for an exception to be made to the right to an in country appeal against a human rights claim refusal where...
The Immigration Act 2016 expands out of country appeals potentially to apply to all non-asylum appeals. In short, this is achieved by amending section 94B of the Nationality, Immigration and Asylum Act 2002 (which was inserted by the Immigration Act 2014) to remove the references to deportation and thereby widen...
Page contentsNon EEA appealsEEA appealsDeportation appealsHome Office policyChallenges to a section 94B or regulation 24AA certificate Non EEA appeals Whether a non EEA appeal may be brought from within the UK is governed by section 92 of the Nationality, Immigration and Asylum Act 2002 as amended. This provides: 92 Place...
As if Michael Gove MP needed further reminding, in wake of Colin Yeo’s appearance on World at One on Wednesday where he pointed out the fundamental error of the Justice Secretary’s assertion that Britain cannot deport EEA nationals with a criminal record, the Supreme Court in R (on the application...
IMMIGRATION APPEALS AND REMEDIES HANDBOOK By Mark Symes and Peter Jorro (Bloomsbury, 2015) (£37.40) When the President of the Upper Tribunal, Immigration and Asylum Chamber writes a foreword, and the foreword concludes with the words “This is…. a compulsory addition to the library of every immigration judge and practitioner” one...
Official headnote: A decision to certify a person’s (P’s) removal under regulation 24AA of the European Economic Area Regulations 2006 operates as a temporary measure that can be applied only for so long as there is a statutory appeal which could be brought in time or which is pending. Regulation...
The Court of Appeal has given judgment in the test case on the meaning and effect of the “deport first, appeal later” provisions of the Immigration Act 2014. The case is R (On the Application Of Kiarie) v The Secretary of State for the Home Department [2015] EWCA Civ 1020...
This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came into force on 28th July 2014, provides the Home...
The Immigration Bill 2015 was published on 17 September 2015. For now, this post provides links to further reading and resources on the Bill and also some commentary on the appeals sections, which are of the most direct interest to immigration lawyers like myself. I may update and perhaps republish the...
Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim...
The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing...
From 28 July 2014, the commencement of provisions of the Immigration Act 2014 gives the Secretary of State new powers of certification that will oust “in-country” rights of appeal for foreign criminals. She may do so in any case where she thinks removal would be consistent with the Human Rights...
Today the new out of country deportation appeal provisions of the Immigration Act 2014 came into force, at least in part. The new regime enables the Secretary of State to require any appeal against deportation to be brought from abroad only, both in UK law and EU law cases. This...
From today the Secretary of State has the power to certify deportation appeals so as to permit them only to be brought from abroad. The power is introduced by section 17 of the Immigration Act 2014, amending into the Nationality, Immigration and Asylum Act 2002 a new section 94B. The...
Page contentsSection 17: venue of appealsOrdinary appealsDeportation appealsOrigins of the serious irreversible harm testThe 2016 ActR (On the Application of Kiarie ) v The Secretary of State for the Home DepartmentCommencementEEA casesThe futureSection 18: Special Immigration Appeals Commission Section 17: venue of appeals This section repeals and replaces s.94 of the...
