Case details

R (on the application of Byndloss) (Appellant) v Secretary of State for the Home Department (Respondent)

Case ID: UKSC 2016/0011

Case summary

Issue(s)

Whether s.94B of the Nationality, Immigration and Asylum Act 2002 complies with the procedural and substantive protections under art.8 ECHR.

Facts

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.

Judgment appealed

[2015] EWCA Civ 1020

Parties

Appellant

Courtney Aloysius Byndloss

Respondent

Secretary of State for the Home Department

Interveners
  1. Bail for Immigration Detainees
  2. The Byndloss Children

Appeal

Justices

Lady Hale, Lord Wilson, Lord Carnwath, Lord Hodge, Lord Toulson

Hearing start date

15 Feb 2017

Hearing finish date

16 Feb 2017

Watch hearing
15 Feb 2017 Morning session Afternoon session
16 Feb 2017 Morning session Afternoon session