Sonali Naik QC and Irena Sabic act in 'deport first, appeal later' case where appellant killed by Taliban

Monday 31 January 2022

Sonali Naik QC and Irena Sabic, of the Garden Court Chambers Immigration Team, represent the appellant, instructed by Nasir Ata of Duncan Lewis Solicitors.

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Sonali Naik QC and Irena Sabic argue a novel point of law in the Upper Tribunal (IAC) concerning an appellant in a human rights appeal who was deported to Afghanistan under section 94B in 2016 ('deport first, appeal later') on the basis that the SSHD claimed he could fairly and effectively pursue his appeal from there and was then killed by the Taliban before his substantive appeal was heard by the Tribunal.

The main issue concerns the status of the parties, the appeal and whether a human rights appeal can continue after the death of the Appellant. The Appellant is survived by his wife and four children, all British citizens. The error of law hearing was heard by the President Mr Justice Lane, Upper Tribunal Judge Kopieczek and Upper Tribunal Judge Owens on 31 January 2021.

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