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ARTICLE · 14 AUGUST 2023

SIAC Can Make Findings In Deprivation Appeals

Richmond Chambers Immigration Barristers
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In U3 v Secretary of State for the Home Department & Anor [2023] EWCA Civ 811, the Court of Appeal resolved the purported conundrum formed by the notion that, whilst deprivation appeals...

United KingdomLitigation, Mediation & Arbitration

In U3 v Secretary of State for the Home Department & Anor [2023] EWCA Civ 811, the Court of Appeal resolved the purported conundrum formed by the notion that, whilst deprivation appeals (before SIAC) are governed by administrative law principles, they also involve the consideration of evidence that was not before the decision-maker at the time of the decision. It was confirmed that, if it considers that it can and that they are appropriate, SIAC may make findings of fact in deprivation appeals.

The Deprivation Appeals Conundrum

The "conundrum" was referred to in paragraph 52 of SIAC's decision in Shamima Begum and Home Secretary SC/163/2019 (explained in this article ), where the Chairman of SIAC, Jay J, stated:

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