Updates, commentary, training and advice on immigration and asylum law

Deport first, appeal later cases to begin again


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I hadn’t realised they’d ever gone away, I confess, but Immigration Minister Robert Jenrick wrote on 5 June 2023 to the chair of the Home Affairs Select Committee to say that appeal first, deport later cases are back:

I am writing to advise you that from today the Home Office is restarting the use of certification under section 94B of the Nationality, Immigration and Asylum Act 2002. The effect of certification under section 94B is that any appeal against the refusal of a human rights claim can only be made or continued while the person is outside the UK and the person can be removed before their appeal is heard.

Hat tip to the ever-vigilant CJ McKinney.

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Colin Yeo

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.