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‘Deport now, appeal later’ certification getting resumed by Home Office

A letter to the Chair of the Home Affairs Select Committee of the House of Commons that the Home Office has recommenced from 5 June 2023, the use of certification under section 94B of the Nationality, Immigration and Asylum Act 2002 has been confirmed by the Home Secretary, Suella Braverman MP.

The certification under section 94B effects any appeal against the prohibition 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.

The requirements for human rights claim to be certified under section 94B are that the person seeking any appeal from outside the UK would not be unlawful under section 6 of the Human Rights Act 1998 (HRA 1998), along with, that the person being removed must not experience a real risk of serious and permanent harm before the appeal process is complete.

The Supreme Court’s decision in Kiarie and Byndloss UKSC 42, it highlighted that it was a breach of the Human Rights Act 1998, s 6 to accredit human rights claims where the claimant aspired to give verbal evidence in their appeal but were unable to do so from outside the UK.

If the ruling might affect you, please feel free to contact us on our numbers below to discuss your case further.

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