TN (Afghanistan) and another v Secretary of State for the Home Department; AA (Afghanistan) v Secretary of State for the Home Department [2015] UKSC 40, [2015] All ER (D) 244 (Jun)
The appellants had all claimed asylum in the UK from Afghanistan as minors. Their claims had been refused and they had been granted discretionary leave to remain, in the case of the appellant in the first appeal, for periods of under one year, which, they contended, excluded them from appealing against the rejection of their asylum claims because s 83 of the Nationality, Immigration and Asylum Act 2002 provided that an appeal against the rejection of an asylum application could only be made where the person had been granted leave to enter or remain in the UK for a period exceeding one year. Appeals to the Court of Appeal, Civil Division, on the ground that ss 82 and 83 of the 2002 Act were incompatible with their rights to an effective remedy under Art 39 of Directive (EC) 2005/85 (on minimum standards on procedures in member states for granting an withdrawing refugee status) were dismissed.
The Supreme Court upheld
