A female claimant, who remains anonymous for legal reasons, was deported from the United Kingdom on 25th October 2013, to her country of origin, after an injunction seeking to prevent her removal, was refused by the court.
The Claimant’s application challenging her deportation order was certified as being without merits on 18th October 2013. This means that any appeal rights she was entitled to would have to be exercised from abroad. She subsequently made an application to the First Tier Tribunal, which is due to be heard at the end of this month (September 2015).
Expert evidence was presented to the High Court on the issue of whether or not her case ought to have been certified as unfounded, and thus preventing her from appealing in the UK. Reports were produced confirming that she would be at grave risk of being detained, tortured and persecuted of origin. She had already been a victim of trafficking.
Further evidence was heard confirm that her mental state made her unfit to give evidence electronically. She would face great disadvantage if her case were to be heard electronically rather than in person. Vital support would be denied to her, which could prejudice the outcome of the case.
An additional caveat meant that should the claimant’s would be incapable of securing an electronic hearing in her country of origin, as this service was not available. She would be compelled to travel to a third country merely to have access to an electronic hearing, which was in it’s self deemed an unsuitable mode of hearing in her case.
The High Court found that in light of the facts of her case and the potential danger posed to her in her country of origin, the claimant’s case had merits. The earlier decision to certify her case as being unfounded, which saw her removed from the UK, was held by the court as unlawful. Thus the claimant should not have been removed from the United Kingdom at the time she was or had her court case heard outside of the country.
The High Court ruled that the claimant should return to the Untied Kingdom to attend her appeal before the First Tier Tribunal.