Legal News

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. or take a trial to read the full analysis.

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