Written by Mahfuz Ahmed

In a case involving a man killed by the Taliban after being deported to Afghanistan, the Upper Tribunal has ruled that an immigration appeal is over once the appellant dies.

 

You could be forgiven for not being aware of the circumstances around the right to appeal and whether the right of appeal under section 82 is firmly personal upon death, however a recent case sets the record straight.

 

In the case of a man known only as FZ (human rights appeal: death: effect) Afghanistan [2022] UKUT 71 (IAC), the appellant was an Afghan national who came to the UK in November 2000 and was granted indefinite leave to remain in December 2009.

 

Sadly, this is where the story of FZ begins its downward spiral. From this point, FZ committed 5 criminal offences and the Home Secretary deported him as a persistent offender in April 2016. An appeal was lodged by the appellant from Afghanistan.

 

In September 2018, the appellant was killed by the Taliban. His appeal was then pursued by his widow and children. The First-tier Tribunal dismissed the appeal and the appellant’s widow and children appealed to the Upper Tribunal.

 

Judgement by Upper Tribunal

 

The Upper Tribunal considered this matter and they held that as a matter of statutory construction, the right under section 82 of the Nationality, Immigration and Asylum Act (NIAA) 2002 to appeal to the First-tier Tribunal against the refusal of a human rights claim would come to an end on the death of the person whose human rights claim had been refused.

 

Accordingly, the Upper Tribunal dismissed the appeal by the appellant’s widow and children.

 

Our comments:

 

This judgement by the Upper Tribunal makes it clear that an appellant’s right of appeal under section 82 of the NIAA 2002 is firmly personal to that person, and therefore upon death that right comes to an end.

 

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