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UK appeal court backs 'deport first, appeal later' policy for foreign prisoners UK appeal court backs 'deport first, appeal later' policy for foreign prisoners
(35 minutes later)
The Home Office won a key legal challenge on Tuesday over the “deport first, appeal later” policy, which removes the right of foreign prisoners to appeal against deportation from within the UK.The Home Office won a key legal challenge on Tuesday over the “deport first, appeal later” policy, which removes the right of foreign prisoners to appeal against deportation from within the UK.
Lord Justice Richards at the court of appeal ruled that it would not be a breach of European human rights legislation for two men convicted of drug offences to be deported before their appeal rights are exhausted. Lawyers for the men argued that they would not have a fair hearing if they had to appeal from their respective countries of origin, Jamaica and Kenya.Lord Justice Richards at the court of appeal ruled that it would not be a breach of European human rights legislation for two men convicted of drug offences to be deported before their appeal rights are exhausted. Lawyers for the men argued that they would not have a fair hearing if they had to appeal from their respective countries of origin, Jamaica and Kenya.
The policy, which was a manifesto commitment, removes the right of an individual to an appeal in the UK unless they can show there is a “real risk of serious irreversible harm” if they are deported to their country of origin. It is a central part of the government’s commitment to reduce the number of foreign-born offenders who fight against their deportation on human rights grounds, in particular article 8, the right to family life.The policy, which was a manifesto commitment, removes the right of an individual to an appeal in the UK unless they can show there is a “real risk of serious irreversible harm” if they are deported to their country of origin. It is a central part of the government’s commitment to reduce the number of foreign-born offenders who fight against their deportation on human rights grounds, in particular article 8, the right to family life.
Immigration minister James Brokenshire described the process as “cracking down on the appeals conveyor belt used by criminals to delay their removal from the UK”.Immigration minister James Brokenshire described the process as “cracking down on the appeals conveyor belt used by criminals to delay their removal from the UK”.
More than 230 foreign national offenders have been removed under these powers since they were introduced.More than 230 foreign national offenders have been removed under these powers since they were introduced.
The two men in the case both have long-standing family ties to the UK and lawyers had argued that deporting them would be a breach of their human rights.The two men in the case both have long-standing family ties to the UK and lawyers had argued that deporting them would be a breach of their human rights.
Kevin Kiare came to the UK from Kenya when he was three years old and was given indefinite leave to remain as the dependent of an asylum seeker. Courtney Byndloss came to the UK in 2002 and was later given leave to remain as the spouse of a British citizen. He appealed to stay in the UK to be with his eight children. Kevin Kiarie came to the UK from Kenya when he was three years old and was given indefinite leave to remain as the dependent of an asylum seeker. Courtney Byndloss came to the UK in 2002 and was later given leave to remain as the spouse of a British citizen. He appealed to stay in the UK to be with his eight children.
In his ruling, Richards dismissed the argument that an appeal heard from overseas would not allow the men proper access to justice. In relation to the relationship between Byndloss and his children, and Kiarie and his family in the UK, he referred to the “strong public interest in the deportation of foreign nationals who have committed serious criminal offences”.In his ruling, Richards dismissed the argument that an appeal heard from overseas would not allow the men proper access to justice. In relation to the relationship between Byndloss and his children, and Kiarie and his family in the UK, he referred to the “strong public interest in the deportation of foreign nationals who have committed serious criminal offences”.
The ruling will be a boost to the home secretary, Theresa May, in her battle to introduce a tougher deportation regime not only in the UK but across Europe.The ruling will be a boost to the home secretary, Theresa May, in her battle to introduce a tougher deportation regime not only in the UK but across Europe.
The government will now be able to move ahead with plans to widen the application of the ruling so that it can be used in many more non-criminal deportation cases.The government will now be able to move ahead with plans to widen the application of the ruling so that it can be used in many more non-criminal deportation cases.
The battle to remove foreign-born nationals who have been convicted of offences in the UK has been a thorn in the side of both Labour and Conservative governments going back a decade since Charles Clarke was forced to resign when it was revealed that over a thousand foreign prisoners had been released without being considered for deportation.The battle to remove foreign-born nationals who have been convicted of offences in the UK has been a thorn in the side of both Labour and Conservative governments going back a decade since Charles Clarke was forced to resign when it was revealed that over a thousand foreign prisoners had been released without being considered for deportation.
Lawyers for the men say they will be considering an application to the supreme court, the only stage left in the process of appeal against deportation.Lawyers for the men say they will be considering an application to the supreme court, the only stage left in the process of appeal against deportation.