Govt’s ‘Deport First, Appeal Later’ policy is UNLAWFUL rules the Supreme Court


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 be unlawful, which means that the Home Office cannot compel those who have made human rights claims to first leave the UK before they can appeal.

Tony Muman of 43templerow chambers, counsel for Mr Byndloss, said:

“The Court does not say anything about the merits of either of these two appeals.  That is a matter for the Immigration tribunal when it comes to hear these cases.  This judgment is all about procedural fairness and the Court has concluded that the system for dealing with appeals from abroad in human rights cases does not provide an effective right of appeal in such cases.  This is welcome news in particular to all those who were facing the grim prospect of having to leave the UK just so that they could then appeal the Home Secretary’s rejection of their human rights claims, and then to return at their own expense if they won.”

Key Points:




Manjit Gill QC of No. 5 Chambers and Tony Muman of 43 Temple Row Chambers was instructed by Sanjeev Sharma of J M Wilson Solicitors.

For any further enquiries please contact Tony Muman’s clerks on 0121 237 6035 or visit this link 



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