The Directive gave certain rights to asylum applicants. The claimants had applied for asylum, and on failing in their applications, renwewed them, claiming the rights under the Directive again. The respondent said that the rights applied only on a first application.
Held: The applicants still had the benefit of the Directive: ”an application for asylum’ in the Reception Directive must be interpreted to include a subsequent application made after an original application has been determined and that the term ‘asylum seeker’ should be construed accordingly to include a person who makes such a subsequent application.’
Lord Hope, Deputy President, Lord Walker, Lord Brown, Lord Kerr, Sir John Dyson SCJ
[2010] UKSC 36, [2010] WLR (D) 203, UKSC 2009/0151, [2010] 1 WLR 1948
Bailii, WLRD, Bailii Summary, SC, SC Summary
Council Directive 2003/9/EC (the Reception Directive) 1
England and Wales
Citing:
Appeal from – ZO (Somalia), Regina (On the Application of) v Secretary of State for the Home Department; R (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same CA 20-May-2009
Each claimant had made a failed asylum claim, followed by another which had not been yet determined after delay. They appealed against decisions that they were not entitled to obtainn employment.
Held: The appeals succeeded. The reception . .
At First Instance – MM (Somalia) and ZO (Somalia), Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jun-2008
. .
Cited – NM and others (Lone Women, Ashraf) Somalia CG IAT 31-Mar-2005
. .
Cited – FH and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 5-Jul-2007
Each claimant said that the defendant had failed to determine within a reasonable time their applications to be allowed to stay. . .
Cited – Srl CILFIT v Ministero Della Sanita ECJ 6-Oct-1982
ECJ The obligation to refer to the Court of Justice questions concerning the interpretation of the EEC Treaty and of measures adopted by the community institutions which the third paragraph of article 177 of the . .
Cited by:
Cited – Negassi and Another, Regina (on The Application of) v Secretary of State for The Home Department CA 7-Mar-2013
Maurice Kay VP began: ‘It is well-known that asylum applications, even when made promptly on arrival in this country, can take months or even years before final determination through the decision-making and appellate process. This causes familiar . .
Lists of cited by and citing cases may be incomplete.
Immigration, European
Updated: 01 November 2021; Ref: scu.421100