S, Regina (on The Application of) v First-Tier Tribunal: Admn 4 Jul 2012

Whether, in restricting the statutory right of appeal against an adverse asylum decision to individuals given discretionary leave to remain in the United Kingdom for more than twelve months, section 83 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act) is incompatible with European Union law, in particular the requirement for an effective remedy contained in Article 39 of Directive 2005/85/EC.

Judges:

Mrs Justice Cox DBE

Citations:

[2012] EWHC 1815 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 26 October 2022; Ref: scu.461909