SG (Eritrea) -v- Secretary of State for the Home Department

2 December 2015: In SG (Eritrea) versus the Secretary of State for the Home Department, Lord Justice Floyd dismissed a series of linked appeals in which the appellants contended for an interpretation of the new Part 5A of the Nationality, Immigration and Asylum Act 2002 by which any part of an appeal proceeding to the Upper Tribunal from the First-tier Tribunal required a re-making of the Article 8 decision in accordance with the new statutory scheme, even where the Article 8 decision made below and based on the previous law, was not tainted with any unlawfulness. In the instant appeals, leave to appeal to the Upper Tribunal was only established in respect of the Article 3 decision regarding risk upon return to Eritrea. However, the Appellants contended that as part of its new decision, the Upper Tribunal should also re-make the Article 8 decision. Applying YM (Uganda) the Court dismissed the appeals. David Mitchell represented the Secretary of State.