Monthly Archives: June 2017

Posted By 43templerow 43templerow

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Immigration analysis: Tony Muman of 43 Temple Row Chambers explores the core issues in the Supreme Court’s decision in R (on the application of Kiarie and another) and examines why the ‘deport now/appeal later’ regime set out in section 94B of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) was deemed to be incompatible with Article 8 of the European Convention on Human Rights (ECHR) in these cases.

Certifying human rights claims of individuals liable to deportation (Kiarie and another v Secretary of State for…

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Posted By 43templerow 43templerow

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R (Kiarie) and R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42

In the Conservative Party Conference 2013 Theresa May, then Home Secretary, announced her flagship policy to deport foreign criminals before they could appeal their deportation decisions – said appeal having to be filed from outside the UK.  The Immigration Act 2016 sought to extend this power to all arguable human rights cases.

For reasons explained in its judgment, the Supreme Court has this morning declared this power to…

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