Deport First, Appeal later provisions unlawful: Supreme Court brings to a screeching halt the UK Government’s sustained erosion of appeal rights

The outcome in Kiarie and Byndloss, R (on the applications of) v Secretary of State for the Home Department [2017] UKSC 42 (14 June 2017)  in the Supreme Court is the epitome of immigration lawyer nirvana. When making deportation orders in Kiarie and Byndloss, the Secretary of State issued Section 94B certificates, the effect of which was that they could bring their appeals only after they had been deported to Kenya and Jamaica. The issue in the two appeals before the Supreme Court was whether the certificates were lawful. Did the certificates breach the rights of the appellants under Article 8 of the ECHR?  Unlike the Court of Appeal, the Supreme Court has most sensibly decided that the Section 94B certification procedure is unlawful and unfair.

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