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03 July 2015
Issue: 7659 / Categories: Case law , Law digest
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Immigration

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

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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