This afternoon, James Brokenshire, the Immigration and Security Minister for the UK, has revealed that powers introduced in the Immigration Act 2014 are “cracking down on the appeals conveyor belt used by criminals to delay their removal from the UK.”
Under the Immigration Act 2014, the Home Secretary has the power to certify deportation appeals so as to permit them only to be brought from outside the UK. The Home Office have today revealed that so far this has resulted in more than 300 people being removed from the UK with nearly 500 more currently going through the appeal system.
Immigration Act 2014: Appeal Rights
Under Section 17 of the Immigration Act 2014, an Appellant can remain in the UK to bring or continue his appeal if his initial claim was made whilst he was in the UK. If however, the Secretary of State has certified the appeal as ‘clearly unfounded’ or a person can be removed to a safe third country, the appeal can only take place once the person has left the UK.
In the case of someone liable to deportation who raises a human rights claim, the default is to remove them from the UK by certifying the appeal on the basis that they would not face, before the appeals process is exhausted ‘a real risk of serious irreversible harm if removed to [that] country or territory’. The right of appeal is then exercised from abroad.
Home Office Powers Stop Criminals from Making “Spurious Claims”
The Home Office have stated that these powers mean that they are able to deport criminals before they have the opportunity to launch “spurious claims” under the Human Rights Act or “falsely” claim asylum. By their own admission, the Home Office have explained that the new powers have resulted in a number of criminals being deported despite having family members in the UK which reinforces the UK government’s stance that the right to a family life should not override the rights of wider society.
James Brokenshire goes on to say that “non-suspensive appeals are allowing us to kick out foreign criminals more quickly and more efficiently than ever before and I want to see them used as often as possible.”
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