Asylum: Appeals

Home Office written question – answered on 2nd November 2015.

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Photo of Lord Roberts of Llandudno Lord Roberts of Llandudno Liberal Democrat

To ask Her Majesty’s Government whether, in the light of the judgment in Lord Chancellor v Detention Action [2015] EWCA Civ 840, they will reconsider the sections of the Immigration Bill that provide for individuals having to appeal their cases after deportation.

Photo of Lord Bates Lord Bates The Minister of State, Home Department

The judgement in Lord Chancellor v Detention Action is not relevant to the changes in the Immigration Bill. That judgment relates to the appeals processes for asylum claims under the Fast Track procedure rules. The provision in the Immigration Bill which extends the power to certify to require appeals to be brought from overseas where that will not result in a breach of human rights applies only to human rights claims.

The Court of Appeal recently considered the operation of the certification provisions that were introduced in the Immigration Act 2014, for those liable to deportation and held that the provisions were lawfully applied. The changes in the Immigration Bill extends this power to all human rights claims and the Government thinks it right to build on this successful legislation.

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