Extradition - Supreme Court Change
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  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?
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