MS (Uganda) (Appellant) v Secretary of State for the Home Department (Respondent)

Judgment given

Case summary
Judgment details
Appeal
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Case summary

Case ID

UKSC/2014/0153

Parties

Appellant(s)

Moses Sebalu

Respondent(s)

Secretary of State for the Home Department

Issue

Section 83 of the Nationality, Immigration and Asylum Act 2002 grants a right of appeal to an applicant whose asylum application has been rejected but who has been granted leave to remain in the UK for a period exceeding one year. Does this right include an applicant who has been granted leave to remain in the UK for such a period when there is less than a year left to the applicant’s leave from the date of his rejection?

Facts

The appellant, a citizen of Uganda, was granted limited leave to remain in the UK as a student. With less than a year left before that time expired he applied to be accepted as a refugee on the basis that his brother was suspected of involvement in terrorist activities against the Ugandan government and he therefore faced a real risk of persecution were he to be returned. Section 83 reads that a person may appeal to the Tribunal against the rejection of his asylum claim if “(a) his claim has been rejected by the Secretary of State, but (b) he has been granted leave to enter or remain in the United Kingdom for a period exceeding one year (or for periods exceeding one year in aggregate).”