New Judgment: BA (Nigeria) v Secretary of State for the Home Department & Ors; PE (Cameroon) v Secretary of State for the Home Department  UKSC 7
26 Thursday Nov 2009
On appeal from:  EWCA Civ 119
The Secretary of State argued that a further (repeat) appeal against a decision to deport did not fall within the Nationality, Immigration and Asylum Act 2002, s 92(4)(a), which provides for an in-country appeal where the claimant had made “an asylum claim, or a human rights claim” whilst in the UK. The appeal by the Secretary of State was dismissed by a majority of four to one. A claim for asylum that had been rejected should be allowed to proceed to appeal in-country under ss 82, 92 of the 2002 Act – unless it has been certified as clearly unfounded under s 94 or excluded under s 96. This should be so whether or not the Secretary of State has accepted it as a fresh claim.
For judgment, please download:  UKSC 7
For the Court’s press summary, please download: Press Summary