The UK Court of Appeal has upheld the government’s “deport first, appeal later” policy, which permits the UK government to deport foreign prisoners before their appeal rights have been exhausted. The policy removes an individual’s right to appeal within the UK unless it has been demonstrated that there is a “real risk of serious irreversible harm” upon deportation to their home country. Both plaintiffs in the case were convicted of having committed drug offences but argued that they have long standing ties to the UK and that deporting them before they have gone through all legal appeal mechanisms would breach their human rights.
In its ruling, the Court of Appeal held that the policy was lawful and allowing both men to continue to pursue their appeal in their country of origin did not constitute a breach of their rights under Article 6 of the European Convention on Human Rights (the right to a fair hearing). The right to respect for family life under Article 8 of the ECHR was also invoked, as both men have families in the UK, but this was rejected in consideration of the strong public interest in the deportation of foreign nationals who have committed serious criminal offences.
Click here to read the full Court of Appeal judgment.