Case summaries
UK - High Court, Hashemi, R (on the application of) v The Upper Tribunal (Immigration and Asylum Chamber) & Anor, [2013] EWHC 2316 (Admin)
Country of applicant:
Afghanistan
This case concerns a child asylum applicant who had his appeal against refusal of asylum considered after he had turned 18, and thus had become an adult. He complained that this breached Article 39 of the Procedures Directive (effective remedy).
Date of decision:
31-07-2013
Relevant International and European Legislation:
Art 23.2,Art 4,Recital 1,Art 39,Art 13,Art 23,Recital 27,Art 17,Art 23.1,Art 23.2,Art 39,Recital 13,Recital 8,Recital 14,Art 39.1 (a),Art 39.1 (e),3.,UN Convention on the Rights of the Child
UK - Court of Appeal , Kadri, R (on the application of) v Birmingham, City Council & Anor, [2012] EWCA Civ 1432
Country of applicant:
Afghanistan, Iran
In this case the applicants argued unsuccessfully that the decision of the UK designated authority for determining asylum claims (the Secretary of State for the Home Department) regarding an applicant’s age should be accepted by other government bodies.
Date of decision:
07-11-2012
Relevant International and European Legislation:
Art 4.2,Art 4.3,Art 4,Art 39,Art 29,Art 17,Art 17.6,Art 38,Art 30,Art 39.1 (a),Art 39.1 (e),EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288