'Deport first, appeal later' ruling - the implications of Kiarie and Byndloss for immigration practitioners

You are invited to this seminar which will examine the implications of the Supreme Court judgment on 14 June 2017 in the case of R (Kiarie; Byndloss) v SSHD [2017] UKSC 42.

You will have an opportunity to hear directly from those who represented Bail for Immigration Detainees (BiD) in the Supreme Court and hear about the important work of BiD whose intervention in these appeals was critical to the successful outcome. BiD were represented pro bono by Maeve Hanna of Allen & Overy, Michael Fordham QC of Blackstone Chambers and Sonali Naik and Bijan Hoshi of Garden Court Chambers.

The appeals concerned the lawfulness of the Secretary of State’s power to certify arguable human rights claims under s.94B Nationality, Immigration and Asylum Act 2002, thereby denying the claimant an in-country right of appeal against the refusal of their claim (the so-called ‘deport first, appeal later’ power). The appeals were unanimously allowed.

This landmark judgment, which emphasised the importance of the right to an effective human rights appeal, renders all existing s.94B certificates unlawful. Arguably, it also means that all previous removals effected pursuant to this power were similarly unfair and raises very significant questions as to the future viability of the s.94B certification system, recently extended by the Government (from 1 December 2016) to all Article 8 ECHR claims not just those raised in the context of deportation proceedings.

This event will cover and include:

• Consideration of the Supreme Court judgment
• What follows in strategic terms and remedies (including the Court of Appeal cases due to be heard 19 to 21 September 2017)
• The importance of the evidence given by Bail for Immigration Detainees (BiD) as interveners
• Contributions from the barristers who represented BiD in the Supreme Court
• How BID’s work can be supported
• Drinks reception following the event

Speakers

• Sonali Naik, Garden Court Chambers
• Bijan Hoshi, Garden Court Chambers (Chair)
• Pierre Makhlouf, Assistant Director, Bail for Immigration Detainees
• Michael Fordham QC, Blackstone Chambers

Book online

This event is invite only. To book your place on this seminar, please use the booking form below. If you have any queries, please contact the Garden Court Chambers events team at seminars@gclaw.co.uk