BID condemns expansion of the unlawful ‘Deport Now, Appeal Later’ policy

This policy risks separating families, undermining access to justice, and repeating legal mistakes already condemned by the UK’s highest court. Coming alongside efforts to rush through deportations, it could result in the routine exiling of people from the UK despite having valid human rights claims to remain. 

In 2017, BID successfully intervened in the Supreme Court case of Kiarie and Byndloss, where the Court found that forcing people to appeal deportation decisions from abroad was unlawful. The Court ruled that such appeals denied individuals their fundamental right to a fair hearing, as the lack of facilities for remote participation makes it impossible to guarantee an effective appeal.  

The inclusion of countries with large diaspora communities in the UK raises the prospect of many more families in the UK being torn apart.  

Following deportation, individuals are often forced to live in the harshest economic circumstances in countries they may never have seen, either at all or since they were children. It is likely to be impossible to access the technological services and equipment required for preparing their appeals, including working with their lawyers, experts and witnesses, creating an unnecessary obstacle to every individual’s right to justice, including an appeal that is effective.  

Our research shows the Home Office routinely fail its obligation to consider the best interests of children in deportation cases. This policy will undoubtedly traumatise more children who will be forcibly separated from their caregivers. 

BID believes that: 

• All individuals must be given the opportunity to appeal a deportation decision from within the UK where their rights are at stake. 
• It is never in the public interest to forcibly separate a child from a parent 
• The right to appeal must not just be theoretical. 

BID will continue to support people facing unjust deportation and will challenge any policy that undermines the right to a fair hearing.