The House of Lords issued judgment in the case of AS (Somalia) and another v Secretary of State for the Home Department [2009] UKHL 32 on 17th June 2009. The case concerned two Somali appellants who questioned the compatibility of section 85 of the Nationality, Immigration and Asylum Act 2002 c. 41 with schedule 1 to the Human Rights Act 1998 c.42. The appellants argued that as there was no distinction between ‘entry clearance’ and ‘leave to enter,’ there was no logical reason why matters arising after the date of the decision could be considered on an appeal from the latter but not the former. Such a distinction meant the inordinate delay in making certain decisions could not be taken into account.

Dismissing the appeal, the House held that the provisions of section 85 were compatible with the appellants’ rights under article 8, and that the effects of section 85 on the rights under article 8 were proportionate.