Kiarie v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Deportation — Conducive to public good — Home Secretary ordering deportation of claimant foreign nationals following convictions for serious criminal offences — Claimants asserting breaches of Convention right to respect for private and family life — Home Secretary certifying that removal not unlawful under human rights legislation — Claimant in consequence only entitled to appeal from outside United Kingdom — Whether out-of-country appeal procedure infringement of Convention right to respect for private and family life — Proper approach to judicial review of certification decisions — Human Rights Act 1998, Sch 1, Pt I, art 8 — Nationality, Immigration and Asylum Act 2002, s 94B (as inserted by Immigration Act 2014, s 17(3))

[2015] EWCA Civ 1020; [2016] 1 WLR 1961; [2016] 3 All ER 741; [2015] WLR (D) 410, CA

IMMIGRATION — Deportation — Conducive to public good — Home Secretary ordering deportation of claimant foreign nationals following convictions for serious criminal offences — Claimants asserting breaches of Convention right to respect for private and family life — Home Secretary certifying that removal pending appeal not unlawful under human rights legislation — Claimant in consequence only entitled to appeal from outside United Kingdom — Whether out-of-country appeal procedure infringing Convention right to respect for private and family life — Whether satisfying procedural guarantees of requirements of effectiveness and fairness — Whether Home Secretary able to satisfy self at time of certification that requirements met — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Nationality, Immigration and Asylum Act 2002 (c 41), s 94B (as inserted by Immigration Act 2014 (c 22), s 17(3))

[2017] UKSC 42; [2017] 1 WLR 2380; [2017] 4 All ER 811; [2017] WLR (D) 400; Case details, SC(E)

Appellate History