Chapter 15 Updates - September 2021

Deportation

Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from Kiarie and Byndloss. In Juba, the Upper Tribunal found that it was acceptable for the First-Tier Tribunal to hear an appeal brought from abroad after deportation, and to only then decide whether the appellant had been deprived of the ability to secure legal representation and/or to give instructions and receive advice. The Upper Tribunal also reiterated how and why it matters that a deportee arrived in the UK as a child. In summary, arriving in the UK as a child always matters when assessing whether there are exceptional circumstances. 

In Unuane v The United Kingdom (application no. 80343/17), the court unanimously found that the UK’s allegedly Article 8 compliant deportation rules don’t preclude judges from following the correct approach to assessing the proportionality of deportation and that the Upper Tribunal had failed to do so in Mr Unuane’s case, breaching Article 8. This case is important in as far as it reinforces the fact that the Article 8 assessment is not a foregone conclusion and there are cases which can succeed where the Rules are not met.