India added to UK’s ‘deport now, appeal later’ list: what it means

(INDIA) India has been added to the UK’s expanded “deport now, appeal later” list, allowing the Home Office to remove some Indian nationals before their UK appeals are heard. Appeals will run by video from abroad.

What changed in August 2025

• The Home Office extended the policy from 8 to 23 countries, adding India alongside Angola, Australia, Botswana, Brunei, Bulgaria, Canada, Guyana, Indonesia, Kenya, Latvia, Lebanon, Malaysia, Uganda, and Zambia. Existing countries were Albania, Belize, Estonia, Finland, Kosovo, Mauritius, Nigeria, and Tanzania.
• An Order due in September 2025 will permit deportation of foreign national offenders (FNOs) after serving 30% of a determinate sentence (down from 50%).
• Ministers also plan legislation to enable immediate post‑sentence removal for some determinate‑sentence FNOs; life sentences and national security cases are excluded.
• Appeals will be conducted remotely, typically by video link.

Legal basis and how the policy works

• Legal basis: certification under section 94B of the Nationality, Immigration and Asylum Act 2002. The Home Secretary may remove a person before their appeal if doing so won’t breach the European Convention on Human Rights and won’t create a “real risk of serious irreversible harm.”
• This is different from section 94 “clearly unfounded” cases, which remove appeal rights entirely. Under s94B, the appeal still proceeds — but from abroad.
• Who is affected: people from the listed countries whose human rights claim is refused and who are certified under s94B, including FNOs and others who face deportation or removal action.

Numbers driving the move

• Returns from the UK rose by 25% in 2024, the highest since 2017, with India among the top nationalities returned that year.
• Around 5,100 foreign national offenders were returned in 2024 (about 15% of all returns).
• Ministers say earlier removals will help reduce prison capacity pressures and costs.

What this means for Indian nationals

• If certified under s94B, an Indian national can be removed to India before the UK appeal is heard. The appeal then runs while the person is in India.
• Human rights protections remain. The Home Office must assess risk. If removal pending appeal could cause serious irreversible harm or breach ECHR rights, certification should not be used.
• People can seek urgent judicial review to challenge certification.
• For prisoners with determinate sentences, removal may happen earlier once the September 2025 order takes effect at the 30% served mark. Proposed immediate post‑sentence removal for some will require Parliament to pass further legislation later in 2025.

Step‑by‑step process for someone in scope

1. Conviction and sentencing for an FNO, or refusal of a human rights claim that triggers deportation/removal steps.
2. Home Office considers s94B certification and checks for ECHR issues and any risk of serious irreversible harm.
3. If certified, removal to India happens before the appeal hearing in the UK.
4. The person lodges an appeal to the First‑tier Tribunal; the case proceeds while they are abroad, often by video.
5. If the appeal succeeds, return to the UK can be arranged; if it fails, removal stands.
6. For prisoners, timing may follow the 30% served rule from September 2025, with possible faster timelines if new legislation passes.

Voices from government and politics

• Home Secretary Yvette Cooper: expansion targets foreign criminals “exploiting” the system; appeals can run safely by video from the home country.
• Justice Secretary Shabana Mahmood: seeks immediate deportation post‑sentencing for certain FNOs via new legislation, excluding life‑sentence cases.
• Foreign Secretary David Lammy: the UK will use diplomatic work to add more countries to the list.
• Prime Minister Keir Starmer: foreign nationals who break UK law will be deported at the earliest opportunity.

Critiques and safeguards

• Lawyers emphasise that s94B still requires a careful, case‑by‑case assessment and can be challenged if there’s a risk of serious irreversible harm. This is legally distinct from s94 “clearly unfounded” removals.
• Some former Conservative justice secretaries warn that immediate deportation after conviction for determinate sentences could weaken justice if offenders avoid serving time in UK prisons.
• Ministers argue the policy is necessary to manage capacity and costs.
• The Court of Appeal’s 2025 decision in Kapikanya v SSHD highlights a tighter stance on long‑running deportation challenges, although that case was not about the s94B expansion itself.

Key safeguard: if removal would create a real risk of serious irreversible harm or breach ECHR rights, s94B certification should not be used — and urgent judicial review is available.

Practical guidance for Indian families and employers

• Expect more out‑of‑country appeals: families may face separation during appeals unless s94B certification is successfully challenged.
• Legal teams will likely focus on contesting s94B certification with strong evidence, such as serious medical needs or protection risks.
• Prepare for remote hearings:
  • Keep reliable phone and internet access in India.
  • Maintain contact with your lawyer and the tribunal.
• Employers and universities should plan for sudden timelines as the 30% rule begins in September 2025, and monitor any new law on immediate post‑sentence removal.

To start or track an appeal, use the official HMCTS service: Appeal a decision to the Immigration and Asylum Chamber at https://www.gov.uk/immigration-asylum-tribunal/appeal-decision

Country list and context

• Newly added countries: India, Angola, Australia, Botswana, Brunei, Bulgaria, Canada, Guyana, Indonesia, Kenya, Latvia, Lebanon, Malaysia, Uganda, Zambia.
• Pre‑existing list: Albania, Belize, Estonia, Finland, Kosovo, Mauritius, Nigeria, Tanzania.
• Officials say more countries may be added as bilateral deals are reached. The move revives the 2014 policy platform and expands the 2023 list.

Outlook — what to watch

• Total removals through late 2024–2025, and the share made up by FNOs.
• How many s94B certifications the Home Office issues in practice.
• Time from sentencing to removal once the 30% served rule starts.
• Progress of any bill enabling immediate post‑sentence removal later in 2025.
• Use of the Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 to manage timing.

According to analysis by VisaVerge.com, the policy’s impact will depend on how often s94B certification is used and how quickly remote appeals move through the tribunal system.

Bottom line for readers in India

• India’s inclusion means a higher chance that a person in scope will be removed first and will appeal from India — “deport now, appeal later.”
• Rights continue: the test against serious irreversible harm still applies, and urgent court challenges are possible.
• Act early: gather medical records, family evidence, and proof of any risks in India. Keep lines open with your lawyer and be ready for video hearings.

If Parliament approves immediate post‑sentence deportation for some determinate‑sentence cases later this year, timelines could shorten further. For now, the September 2025 “30% served” change is the key shift to plan around.