Dr S Chelvan, a respected legal expert and Head of Immigration and Public Law at 33 Bedford Row, recently appeared on the BBC Radio 5 Live Breakfast Show to discuss the UK's "Deport Now, Appeal Later" scheme. He explained that this policy, while presented as new, is actually a recycled idea from the Conservative government in 2014. Dr. Chelvan outlined three key issues he sees with the updated 2025 policy:
- The Voice of Victims: Dr. Chelvan raised concerns about the impact on victims of crime, questioning how their voices would be heard and what justice would look like under this new system.
- Risk on Return: A critical point highlighted by Dr. Chelvan is the potential risk on return for those being deported. He emphasized the fundamental legal principle of not returning individuals to countries where they face a genuine risk of harm.
- British Children: The third issue centers on the well-being of British children whose parents are subject to this scheme. Dr. Chelvan's concern is about the potential for family separation and the impact on a child's right to family life. He also raised a question about whether deported individuals would be imprisoned abroad or simply released, creating a broader issue of accountability.
The previous policy was subject to significant political debate and litigation, with the Supreme Court in the Karie and Byndloss judgment ([2017] UKSC 42) ultimately unanimously ruling against the then Conservative government. Whilst there have been changes to the availability of being able to give evidence from abroad, Dr Chelvan predicted this 2025 policy will undoubtedly be subject to review by our Courts in the UK has been a subject of significant legal and political debate, with its legality previously challenged and limited by the Supreme Court. The government's expansion of the scheme is intended to prevent foreign criminals from "gaming the system" by delaying their deportations through prolonged appeals.
You can listen to the interview here (interview broadcast on 11 August 2025, recording kindly supplied by BBC Radio 5 live).