Tag Archives: deportation

‘Deport first, appeal later’ policy breaches human rights

This piece was originally published by The Justice Gap.   The system of deporting foreign criminals before they have had a chance to appeal was in breach of their human rights, the Supreme Court has ruled. The court unanimously allowed the appeals in the cases of two foreign nationals who claimed that deportation would breach their right to private and family life. Kevin Kiarie, from Kenya, and Courtney Byndloss, from Jamaica, had been granted indefinite leave to remain in the UK. Both have longstanding family ties in Britain. In his judgment, released today, Lord Wilson concluded that the risk to public safety was ‘outweighed’ by the argument that ‘when we are afforded a right of appeal, our appeal should be effective.’ The home secretary, in other words, failed to prove that deportation in advance of an appeal ‘strikes a fair balance between the rights of the appellants and the interests of …