Alan Payne appears for the Secretary of State in the Court of Appeal

FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696

Alan Payne appears for the Secretary of State

An individual appealing against the refusal of an asylum claim, pursuant to section 83 of the Nationality, Immigration and Asylum Act 2002, was entitled to include the refusal of his claim for humanitarian protection, under para.339C of the Immigration Rules, in his appeal.

Council Directive 2004/83/EC (on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted) was directly applicable as a matter of Community law. The rights of a refugee under the Refugee Convention and the rights of a person with subsidiary protection status as provided by the Directive were sufficiently similar to require national law to provide the person seeking international protection of that kind to have the same remedy of appeal against an adverse decision as a person seeking international protection as a refugee. That required section 83 of the Nationality Immigration and Asylum act 2002 to be read as providing appellants with a right of appeal against a refusal of subsidiary international protection under the Directive as well as a refusal of an application for asylum.