No Section 83 Right of Appeal for Asylum Decision

United Kingdom Immigration Law Blog

MS (Uganda) v Secretary of State for the Home Department [2016] UKSC 33 (22 June 2016)

This case is somewhat academic because it relates to the construction of section 83 of the Nationality, Immigration and Asylum Act 2002. The provision laid down an additional right of appeal specific to asylum claims and has been repealed by section 15(3) of the Immigration Act 2014 by a broader right of appeal but remains applicable to a limited class of persons such as MS. The appeal went to the Supreme Court against the decision of Elias, Lewison and Floyd LJJ, [2014] 1 WLR 2766, who dismissed MS’s appeal. Lord Neuberger (President), Lady Hale (Deputy President), Lord Wilson, Lord Hughes and Lord Toulson came to the same conclusion but for different reasons. MS was granted leave as a student in 2010 until April 2012 but before its expiry he claimed asylum on…

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