Court of Appeal delivers seminal judgment on out-of-country rights of appeal

05 December 2017

The Court of Appeal has delivered a seminal judgment, holding that out-of-country rights of appeal are ineffective and unlawful in the case of Ashan, Kaur, Kaur and Faruk v The Secretary of State for The Home Department.

In response to a Panorama exposé, upwards of 38,000 immigrant students were subject to summary removal orders issued by the Home Office on the basis of unproven allegations of deception, subject to a right of appeal exercisable only once the individual has left the country.

Rowan Pennington-Benton, with Stephen Knafler QC, represented one of the lead appellants in this case, successfully challenging the scheme as constituting an infringement of the common law right of access to the courts, as well as a breach of human rights law. Some 350 or more cases are stayed behind this lead case, which will require the government to rethink its 'remove first, challenge later' policy.

Please click here to read the judgment in full.