All Articles: out of country appeals
Challenge to “deport first, appeal later” process rejected
The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant back to the UK to ensure he had an effective appeal. ...
28th June 2022“Sorry episode”: Chief Justice reprimands Home Office for disclosure failures
Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who were deported in 2017 due to their criminal convictions. Both had made human rights claims to stay in the U ...
14th March 2022Upper Tribunal revisits issue of permission for video evidence from abroad
Last week I set out some observations on the taking of evidence by videoconference from abroad. I pointed to substantial authority that, in the case of the willing litigant or witness outside the UK dialling up on Zoom, where no judicial assistance ( ...
22nd November 2021Does every Zoom witness abroad need foreign state permission to dial in?
Among the changes brought about by the pandemic has been greatly increased use of videoconferencing technology by immigration tribunals, including for the taking of evidence. This has made it much more viable for live evidence of appellants and other ...
15th November 2021With remote hearings now routine, are out-of-country appeals still unfair?
In the recent High Court case of R (Arman & Anor) v SSHD [2021] EWHC 1217 (Admin), Mr Justice Mostyn made comments about remote hearings that may be a straw in the wind suggesting that it will be harder to argue the unfairness of out-of-country ap ...
17th May 2021Judges can decide after the hearing whether an out-of-country appeal is fair
Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from the famous Kiarie and Byndloss case. In Juba, the Upper Tribunal has found that it was acceptable f ...
6th May 2021Judge orders Home Office to bring asylum seeker back to the UK
The President of the Upper Tribunal, Mr Justice Lane, has ordered the Home Office to pay for and facilitate the return to the UK of a man who was removed to Nigeria in March 2018. The judgment is R (L) v Secretary of State for the Home Department [202 ...
13th July 2020Shamima Begum loses statelessness argument against citizenship deprivation
Shamima Begum is a citizen of Bangladesh and so would not be made stateless by being stripped of her British citizenship, the Special Immigration Appeals Commission has held. The main SIAC judgment is Shamima Begum (Preliminary Issue : Substansive) [2 ...
7th February 2020Appeal against refusal of EEA residence card does not suspend removal, High Court confirms
The High Court’s recent decision in R (Shafikul Islam) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) is yet another case on the vexed issue of whether appeals against refusals of EEA residence cards are suspensive of removal ...
8th November 2018The ETS English language testing saga is over
The decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS saga, so called after the Educational Testing Service company that discovered large-scale cheating on its Home Offic ...
25th July 2018Where are we at with out-of-country appeals? The aftermath of Kiarie and Byndloss
The new case of R (QR (Pakistan)) v Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from last year’s Supreme Court judgment in Kiarie and Byndloss, relating to the infamous “deport first, ap ...
9th July 2018Out-of-country appeals for EU citizens: the effect of Kiarie and Byndloss
In the case of R (Wandzel) v Secretary of State for the Home Department (Rev 1) [2018] EWHC 1371 (Admin), Nigel Poole QC, sitting as a deputy High Court judge, had to deal with the effect of the famous case of Kiarie and Byndloss (discussed on Free M ...
15th June 2018Court of Appeal gets it badly wrong on out-of-country appeals
When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the UK took an audible sigh of relief. In that case, the Supreme Court held that the ...
18th January 2018People accused of ETS cheating have in-country right of challenge
The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of cheating on the TOEIC English language test and threatened with removal from the UK have the right to challenge tha ...
5th December 2017Supreme Court rules “deport first, appeal later” is unfair and unlawful
In R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 the Supreme Court has struck down “deport first, appeal later” certificates for two foreign criminals. The Home Office had made use of new rules in the ...
14th June 2017Family life succeeds in defeating section 94B “deport first, appeal later” certification
The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act ...
15th May 2017“Remove first, appeal later” provisions in force from today: new guidance published
The power under the Immigration Act 2016 to certify any human rights appeal, not just deportation appeals, for “remove first, appeal later” treatment came into force today, 1 December 2016. For background see this earlier blog post: New co ...
1st December 2016Removal Windows, Injunctions and Out of Country Appeals: The Acceleration of Enforced Removals
At the beginning of this month the Home Office brought into force new guidance on the suspension of removal directions for pending judicial reviews. There are two crucial changes to the policy: (1) At present, when a judicial review is brought within ...
21st November 2016New commencement order introduces out of country human rights appeals and more
The end of immigration appeals from within the UK is nigh: section 63 of the Immigration Act 2016 is being brought into force from 1 December 2016 by the Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/ ...
1st November 2016“Serious irreversible harm” test case heard in Court of Appeal
This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came ...
25th September 2015Out of country deportation appeal certificates and existing appeals
From today the Secretary of State has the power to certify deportation appeals so as to permit them only to be brought from abroad. The power is introduced by section 17 of the Immigration Act 2014, amending into the Nationality, Immigration and Asylu ...
28th July 2014