The Court of Appeal deals with the commencement of the Immigration Act 2014

The Court of Appeal deals with the commencement of the Immigration Act 2014


CategoryNews Author Zane Malik Date

The Court of Appeal hands down the judgment in Firdaws v First Tier Tribunal and Secretary of State for the Home Department [2019] EWCA Civ 1310. The Court of Appeal addresses issues as to the commencement of section 15 of Immigration Act 2014 that restricted the appeal rights against immigration decisions, particularly, the effect of  the Immigration Act 2014 (Commencement No 3 Transitional and Saving Provisions) Order 2014 and the Commencement No 4, Transitional and Saving Provisions and Amendment) Order 2015. The Appellant sought to argue that his appeal rights were not restricted despite the commencement of section 15 of the Immigration Act 2014 because of the effect of the particular wording of the commencement orders.

The Court of Appeal, at [43], acknowledged that “a literal reading therefore leads to the conclusion that the ‘relevant provisions’ have effect, and thus the ‘new rule’ would afford the Appellant a right of appeal”. However, it added, at [44], that this literal reading “procedures an absurd result” and “it would … give raise to the absurd consequence”. The Court of Appeal, accordingly, dismissed the appeal and upheld the decisions made below, giving further additional reasons as to why the Appellant was not entitled to any relief.

Zane Malik appeared for the Secretary of State for the Home Department.

The Court of Appeal’s full judgment is here.


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