*/
Immigration – Asylum seeker. The appellants had all claimed asylum in the United Kingdom from Afghanistan as minors. Their claims had been refused and they had been granted discretionary leave to remain, in the case of the appellant in the first appeal, for periods of under one year, which, they contended, excluded them from appealing against the rejection of their asylum claims because s 83 of the Nationality, Immigration and Asylum Act 2002 provided that an appeal against the rejection of an asylum application could only be made where the person had been granted leave to enter or remain in the UK for a period exceeding one year. Appeals to the Court of Appeal, Civil Division, on the ground that ss 82 and 83 of the 2002 Act were incompatible with their rights to an effective remedy under art 39 of Directive (EC) 2005/85 (on minimum standards on procedures in member states for granting an withdrawing refugee status) were dismissed. The Supreme Court upheld the Court of Appeal decisions, holding that the scheme under s 83 of the 2002 Act satisfied the requirement of providing an effective remedy for an applicant who was refused asylum, but given leave to remain for a matter of months, and was accordingly, not incompatible with art 39 of Directive (EC) 2005/85.
Immigration – Asylum seeker. The appellants had all claimed asylum in the United Kingdom from Afghanistan as minors. Their claims had been refused and they had been granted discretionary leave to remain, in the case of the appellant in the first appeal, for periods of under one year, which, they contended, excluded them from appealing against the rejection of their asylum claims because s 83 of the Nationality, Immigration and Asylum Act 2002 provided that an appeal against the rejection of an asylum application could only be made where the person had been granted leave to enter or remain in the UK for a period exceeding one year. Appeals to the Court of Appeal, Civil Division, on the ground that ss 82 and 83 of the 2002 Act were incompatible with their rights to an effective remedy under art 39 of Directive (EC) 2005/85 (on minimum standards on procedures in member states for granting an withdrawing refugee status) were dismissed. The Supreme Court upheld the Court of Appeal decisions, holding that the scheme under s 83 of the 2002 Act satisfied the requirement of providing an effective remedy for an applicant who was refused asylum, but given leave to remain for a matter of months, and was accordingly, not incompatible with art 39 of Directive (EC) 2005/85.
The beginning of the legal year offers the opportunity for a renewed commitment to justice and the rule of law both at home and abroad
By Louise Crush of Westgate Wealth Management sets out the key steps to your dream property
A centre of excellence for youth justice, the Youth Justice Legal Centre provides specialist training, an advice line and a membership programme
By Kem Kemal of Henry Dannell
By Ashley Friday of AlphaBiolabs
Providing bespoke mortgage and protection solutions for barristers
Joanna Hardy-Susskind speaks to those walking away from the criminal Bar
Tom Cosgrove KC looks at the government’s radical planning reform and the opportunities and challenges ahead for practitioners
From a traumatic formative education to exceptional criminal silk – Laurie-Anne Power KC talks about her path to the Bar, pursuit of equality and speaking out against discrimination (not just during Black History Month)
Yasmin Ilhan explains the Law Commission’s proposals for a quicker, easier and more effective contempt of court regime
James Onalaja concludes his two-part opinion series
