After Kiarie and Byndloss: Applicant has a second bite of the cherry in a Section 94(B) certification case

QR (Pakistan), R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1413 (21 June 2018) addresses several important strands arising out of a challenge in the Court of Appeal to a Section 94(B) Certificate.



Interestingly, in QR(Pakistan), the Court of Appeal granted permission for judicial review in a case where the Applicant had prior to his deportation in February 2017, unsuccessfully mounted a challenge in relation to a previously issued Section 94(B) certificate. After his deportation and following the publication Kiarie and Byndloss in June 2017 in the Supreme Court, well out of time, the Applicant sought to resurrect his previous claim by lodgement of further judicial proceedings in September 2017 whilst abroad.


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