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Tribunal cannot consider asylum appeal against EU law decision

Tribunal cannot consider asylum appeal against EU law decision

In the case of TY (Sri Lanka) v The Secretary of State for the Home Department [2015] EWCA Civ 1233 (01 December 2015) the Court of Appeal held that the immigration tribunal cannot consider an appeal on asylum grounds against an application and decision made under EU law. If a section 120 notice is served by the Secretary of State then the situation would be different.

The Court of Appeal more or less approves the Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC) case (FM post here: No human rights in EEA appeals says Upper Tribunal. As far as can be seen from the judgment this was without having heard argument on the point and it also arises in a rather different context (asylum rather than human rights). See paragraph 36.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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