Court of Appeal rejects SIAC approach to ‘deportation with assurances’

Thursday 29 January 2015

The Court of Appeal has overturned a judgment of the Special Immigration Appeals Commission (SIAC) upholding the lawfulness of the UK government's reliance upon 'deportation with assurances' of five Algerian appellants.

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The Court held that the Commission had misdirected itself on the correct threshold test for Article 3 claims and had adopted the wrong approach to whether 'assurances' that the appellants would not be subjected to serious ill-treatment could be properly verified. The appeals have been remitted to SIAC for further consideration.

The appellants are represented by Dinah Rose QC, Stephanie Harrison QC, Amanda Weston, Charlotte Kilroy and Anthony Vaughan who are instructed by the Public Law Project, Birnberg Peirce & Partners and Fountain Solicitors.

More information can be found in the judgment: BB, PP, W, U & Ors v Secretary of State for the Home Department [2015] EWCA Civ 9.

Stephanie Harrison QC, Amanda Weston and Anthony Vaughan are members of the Garden Court Chambers Public and Administrative Law Team and the Immigration: Asylum and Human Rights Team.

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