Home Affairs Committee on resumption of ‘deport first, appeal later’ policy

A recently published letter by the Home Secretary to the Home Affairs Committee provides more information the resumption of the 'deport first, appeal later' policy as announced by the Home Office earlier in June 2023.

The policy was suspended in 2017 following a landmark judgment by the Supreme Court

On the 5th of June 2023, the Home Office restarted the use of certification under section 94B of the Nationality, Immigration and Asylum Act 2002, meaning a person can be removed from the UK before the appeal process is exhausted.

Home affairs committee will take the necessary steps to enable certification under section 94B to be considered for nationals of every country where the establishment of the necessary facilities is reasonably achievable, and supporting the operational delivery of video links in section 94B appeals as required.
Home affairs department officials will be engaging with countries which have not yet clarified their stance or which require the signing of a new agreement with the UK in order to allow video link evidence to be provided to tribunal proceedings in the UK, prioritising engagement where it is likely to have most benefit for section 94B certified appeals.
According to the Home Office's press release on the 5th of June, the 'deport first, appeal later' policy initially restarted in five countries and will be expanded to a further 21 countries which have consented to live link evidence. The list of countries was not provided.

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