Mandatory order to bring back ‘deport first – appeal later’ migrant refused
The case of Nixon & Anor, R v SSHD [2018] EWCA Civ 3 has been promulgated today. Just when everyone was attempting to get on the bandwagon and bring back those who have been removed, further to Kiarie & Byndloss (SC) & Ahsan (CA), the Court of Appeal issues Nixon. In Kiarie & Byndloss, the Supreme Court held that an out-of-country appeal would not be effective protection of the human rights, in relation to the case before them.
However, the FTT has set down a serious of seven out of country appeals over the next 3 months, with the availability of video facilities and the provision of facilities free of charge to enable an appellant to provide instructions to his representative and participate in their appeals. SSHD (with Ms Lisa G QC leading) successfully argued that with these facilities, out of country appeals are an adequate protection of Article 8 rights. Mandatory order to bring the first applicant back to the UK refused, however, determination of the other arguments stayed. Seven steps in paragraph 75 are a must-read!
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