Priority Removal Notices—the return of the ouster clause in the Nationality and Borders Bill

Article summary

Immigration analysis: Once again, this time in the Nationality and Borders Bill, the Home Office seeks to oust the jurisdiction of Senior Courts from considering an appeal from a first-instance immigration tribunal decision. Its last substantial attempt to do so was the ouster clause it sought unsuccessfully to introduce to the Asylum and Immigration (Treatment of Claimants, etc) Bill in the 2003–2004 session of Parliament. At that time, it sought to oust statutory appeals and also the jurisdiction of the High Court on judicial review. This time the effort is focused on solely on statutory appeals and is an attempt to exclude appeals to the Court of Appeal. It is still wrong. A first instance tribunal decision on a question of international protection or human rights, involving compliance with international treaty obligations, ought to be capable of appeal, as part of the standard procedure in the UK constitutional order for the rule of law. The Home Office gains...