New Judgment: MS (Palestinian Territories) v SSHD  UKSC 25
16 Wednesday Jun 2010
On appeal from:  EWCA Civ 17
In unanimously dismissing the appeal, the Supreme Court held that there was no right of appeal against an immigration decision under the Nationality, Immigration and Asylum Act 2002, s 82 (2)(h) on the ground that the country or territory stated in the notice of the decision was not one that would satisfy the requirements of the Immigration Act 1971, Sch 2, para 8(1)(c).
There was a strong indication that a proposal of a destination country in an immigration decision was not an integral part of the decision itself because of the clear distinction drawn in s 84 of the 2002 Act between the decision that a person be removed from the UK and a removal under removal directions. S 82 referred to decisions that a person is to be removed “from the United Kingdom”. The reference to Sch 2 to the 1971 Act in s 82(2)(h) of the 2002 Act did not mean that an immigration decision must comply with Sch 2, the reference was merely descriptive of the type of decision appealed. The legislative background of the 2002 Act supported the Court’s conclusion – the ability of the Secretary of State to give removal directions frequently depended on practical and operational issues that were inherently unsuitable for resolution at the time of the appeal against the decision.