UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Dévante Gravesande-Smith and Rebecca Khan (Matrix)

On appeal from: [2009] 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: [2009] UKSC 7

For the Court’s press summary, please download: Press Summary