Supreme 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 Immigration Act 2014 which force some appellants to leave the UK before their appeal takes place, meaning that they are not present to give evidence.

Of 1,175 cases in which these powers have so far been used, only 72 individuals attempted to pursue an appeal from abroad. None succeeded.