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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 Chair of the Bar reports back
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
In an era of patient-centred care and growing concern over misconduct in medical settings, why do women still lack the right to choose women consultants for examination and treatment? Charles Davey investigates
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
