Source · Select Committees · Human Rights (Joint Committee)

Recommendation 46

46 Paragraph: 349

By restricting the right to appeal against the refusal of a suspensive claim, and effectively...

Conclusion
By restricting the right to appeal against the refusal of a suspensive claim, and effectively denying the possibility of judicially reviewing the appeal decision, the Bill might speed up this narrow opportunity to suspend removal but it would also substantially increase the chances of errors remaining uncorrected. The risk to those who are removed despite having a human rights claim pending is extremely serious, and every chance to correct errors in decision-making should be available. We do not agree that appeal rights in suspensive claims under the Bill should be limited, but if they are it is important that there is effective judicial supervision of the Upper Tribunal. The Bill should be amended to remove the unnecessary ouster of judicial review (see Annex, Amendment 36).
Paragraph Reference: 349
Government Response

A response document is linked to this report, dated 7 September 2023. Response attribution to this conclusion has not been verified. Read the response document ↗