- 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?
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.
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