Case No. UKUT-00677-(IAC)

24. As now clarified by Kiarie & Byndloss in respect of identical wording in section 94B of the 2002 Act, the statutory test set out in regulation 24AA is two-pronged and cannot be reduced to a mere question of whether an affected person faces a ”real risk of serious irreversible harm if removed…”. The latter is not the overarching test. Mirroring s.94B of the 2002 Act, regulation 24AA contains a first requirement (at regulation 24AA(2)) that the Secretary of State may only give directions for P’s removal if she certifies that removal pending the outcome of P’s appeal would not be unlawful under section 6 of the HRA 1998. The “real risk of serious irreversible harm…” test arises only as a “ground” on which the Secretary of State “