Case summaries
UK - Court of Appeal, 18 June 2010, FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696
Country of applicant:
Iraq
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 year, the person can appeal to the Tribunal on the grounds that he or she is a refugee in order to ‘upgrade’ his or her status. The Court held that the general principle of equivalence in EU Law requires that the appeal right against the rejection of the claim cannot be restricted to the grounds that the applicant is a refugee but must also allow the applicant to appeal on the grounds that he is entitled to subsidiary protection.
Date of decision:
18-06-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 2,Art 18,Art 24,Art 15,Recital 6,Recital 24,Art 2 (g),Art 26,Art 28,Art 29,Art 25,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 8