TWO foreign-born prisoners facing deportation have won permission to appeal against Home Office rules intended to kick them out of Britain as quickly as possible, it was revealed yesterday.
In landmark human rights cases, two men have launched legal action at the Court of Appeal to block Home Secretary Theresa May’s “deport now, appeal later” regime.
Kevin Kinyanjui Kiarie, 21, was given indefinite leave to remain as a young child after arriving from Kenya in 1997 as a dependant of his asylum-seeking mother.
He was convicted and fined in September 2013 for using an uninsured motor vehicle, resisting or obstructing a police constable and failing to surrender to custody.
Last year, he was also convicted of possessing Class A drugs and cannabis.
He argues that deportation would violate his right to family life under article eight of the European Convention on Human Rights.
Jamaican father-of-seven Courtney Aloysius Byndloss was jailed for three years in May 2013 for possessing Class A drugs with intent to supply.
He also has convictions for violence of “a relatively low order.”
Both men have been told they should lodge out-of-country appeals but judges said Ms May’s instructions would violate their human rights on multiple grounds, including severe disruption to family life.
Lawyers for the men also argued that they would not have the benefit of legal aid and could face serious procedural problems in pursuing their appeals from abroad.
Home Office figures show that more than 1,000 people have been removed under the tough new provisions since they came into force last year.