(1) In determining whether, in the case of a person removed from the United Kingdom pursuant to a certificate under section 94B of the Nationality, Immigration and Asylum Act 2002, there has been a breach of Article 8 ECHR in its procedural or substantive form, the actions of the Secretary of State do not necessarily fall to be examined in isolation from the position of the United Kingdom’s judicial organs. It will therefore be of particular relevance whether the person concerned has, at all material times, had access to a court or tribunal that was able to ensure compliance with Article 8.
(2) In the course of an appeal under section 12 of the Tribunals, Courts and Enforcement Act 2007, where the appellant is outside the United Kingdom following removal pursuant to a section 94B certificate, section 25 of the 2007 Act empowers the Upper Tribunal to require the Secretary of State to return the appellant to the United Kingdom.
Citations:
[2022] UKUT 156 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 25 September 2022; Ref: scu.680538
