UK - Court of Appeal, 18 June 2010, FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696
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What was at stake
EDAL summary. In UK domestic law, if a person has made a claim for asylum but his claim has been rejected by the Secretary of State, but he has been given leave to enter or remain in the United Kingdom for over a y...
What the court decided
The Court held that the right to appeal under s.83 of the Nationality, Immigration and Asylum Act 2002 cannot be limited to refugee status alone but must also include the right to appeal on the basis of entitlement to subsidiary protection. This follows from the EU law principle of equivalence, which requires that procedural protections for subsidiary‑protection claims be at least as favorable as those for refugee claims. Accordingly, the statute must be interpreted consistently with the Qualification Directive, so that an applicant who has been refused asylum but granted leave to remain for over a year can challenge the refusal of humanitarian protection before the Tribunal. The appeal was therefore allowed and the case remitted to the First‑Tier Tribunal for a hearing.
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Authoritative link
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