R (on the application of Kiarie) (Appellant) v Secretary of State for the Home Department (Respondent)
Case ID: UKSC 2016/0009
Whether s.94B of the Nationality, Immigration and Asylum Act 2002 complies with the procedural and substantive protections under art.8 ECHR.
Mr Kiaire and Mr Byndloss are both foreign nationals who had been granted indefinite leave to remain in the United Kingdom. Both men were convicted of (unrelated) serious drug offences resulting in significant periods of imprisonment (24 months in the case of Mr Kiaire, 3 years in the case of Mr Byndloss). The Secretary of State notified both men that she intended to make deportation orders pursuant to s.32(5) of the UK Borders Act 2007 unless they fell within the exceptions in s.33 of that Act. The appellants completed the questionnaires that had been included with that notification, relying on art.8 ECHR as a barrier to their deportation. The Secretary of State decided to make deportation orders in relation to both appellants, and certified their claims under s.94B of the Nationality, Immigration and Asylum Act 2002, such that their appeals could only be heard once they had left the United Kingdom. They brought judicial review proceedings of the decision to certify their claims.
Kevin Kinyanjui Kiarie
Secretary of State for the Home Department
- Bail for Immigration Detainees
- The Byndloss Children
Lady Hale, Lord Wilson, Lord Carnwath, Lord Hodge, Lord Toulson
Hearing start date
15 Feb 2017
Hearing finish date
16 Feb 2017
|15 Feb 2017||Morning session||Afternoon session|
|16 Feb 2017||Morning session||Afternoon session|