Court of Appeal
Published March 23, 2009
Regina (BA)(Nigeria) v Secretary of State for the Home Department
Regina (PE)(Cameroon) v Same

The right of appeal against the refusal by the Home Office to revoke a deportation order was exercisable from within the United Kingdom.

The Court of Appeal (Lord Justice Sedley, Lord Justice Longmore and Lord Justice Lloyd) so held in a reserved judgment on February 26, 2009, when allowing an appeal by BA and PE against the dismissal by Mr Justice Blake ([2008] EWHC 1140 (Admin)) of their appeal against the refusal by the Secretary of State for the Home Department to revoke their deportation orders.

LORD JUSTICE SEDLEY said that in both cases Mr Justice Blake concluded that the right of appeal against a refusal to revoke a deportation order, if it was otherwise well made, could only be exercised from abroad.

His Lordship preferred the arguments on behalf of the claimants because the case for the Home Secretary depended on glossing plain words which were designed to honour international obligations of potential importance to the individuals concerned.

Times Recommends

• The best legal yarns this Christmas
• Legal school 'earned £1m by exploiting bar course'
• Axe may fall on 5,000 more City lawyers