Harsh lesson: Court of Appeal punishes the Home Office for not accepting defeat in a deportation appeal

The Court of Appeal came down hard on the Secretary of State last week. And rightly so.


It is high time that the Secretary of State learns the harsh way that it is not every allowed appeal against deportation that must be pursued  to the death in the higher courts.


Not only did the Court of Appeal in Secretary of State for the Home Department v Barry [2018] EWCA Civ 790 (17 April 2018) maintain the decision of the First Tier Tribunal allowing an appeal against deportation but awarded costs on an indemnity basis to the intended deportee. This was on account of the conduct of the Secretary of State which was found by the Court of Appeal to be “indeed unreasonable to a high degree”.


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