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Certifying human rights claims of individuals liable to deportation (Kiarie and another v Secretary of State for the Home Department)

Published on: 23 June 2017

Published by: LexisPSL

Certifying human rights claims of individuals liable to deportation (Kiarie and another v Secretary of State for the Home Department)
Original news
What was the background to the case?
What issue arose for the Supreme Court’s consideration?
What did the court decide, and why?
How does the decision fit in with other developments in this area of law?
What are the implications for practitioners? What will they need to be mindful of when advising in this area?

Article summary

Immigration analysis: Tony Muman of 43 Temple Row Chambers explores the core issues in the Supreme Court’s decision in R (on the application of Kiarie and another) and examines why the ‘deport now/appeal later’ regime set out in section 94B of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) was deemed to be incompatible with Article 8 of the European Convention on Human Rights (ECHR) in these cases. Sign in or take a trial to read the full analysis.

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