Home Office re-commences ‘deport now, appeal later’ certification

Article summary

The Home Secretary, Suella Braverman MP, has confirmed in 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 (NIAA 2022). The effect of certification under section 94B is that any appeal against the refusal 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. A human rights claim can only be certified under section 94B if requiring the person to pursue any appeal from outside the UK would not be unlawful under section 6 of the Human Rights Act 1998 (HRA 1998), including, in particular, that the person being removed must not face a real risk of serious and irreversible harm before the appeal process is...