Delivered by barrister Rachel Coyle of The 36 Group, this
session will examine the extradition case of R (Kiarie and Byndloss) v Secretary of State
for the Home Department [2017] UKSC 42, which focuses on the issue of “out-of-country”
appeals; an appeal against extradition which can be brought before the
First-tier Tribunal to challenge an immigration decision made by the Home
Secretary, but only once the immigrant in question is outside the UK.
In this instance the Home Secretary rejected the claims
of Mr Kiarie and Mr Byndloss that deportation would breach their rights under
article 8 of the European Convention on Human Rights (ECHR) which guarantees
the right to respect for private life, family life, home and correspondence.
Aimed at immigration practitioners, particularly those who
handle extradition cases and are interested in the way in which article 8 and
the human rights act are applied in such matters, this session will consider
the following questions:
·
What
did s.94B say and how has this changed?
·
What
were the two challenges that can be used in the future?
·
Does
Kiarie apply with equal force to other appeals?
·
What
is the legal basis for procedural protection under Article 8?
·
Effect
of s.94B on substance of Article 8 rights?