The grant by the Secretary of State of exceptional leave to remain in the UK, did not remove the right of an asylum seeker to appeal a rejection of his claim for asylum. The applicant had the right to have his status, and the UK’s compliance with international obligation determined.
Held: The granting of special leave was not full compliance by the UK with its treaty obligations. A grant of refugee status would confer significant additional rights.
Judges:
Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Schiemann and Lord Justice Clarke
Citations:
Times 07-Jan-2002
Statutes:
Immigration and Asylum Act 1999 69
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
Approved – Laftaly v Secretary of State for the Home Department 1993
. .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 10 June 2022; Ref: scu.167348
