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The court of appeal has granted two asylum seekers leave to appeal against two local authorities that refused to house them.

In a test case at the court of appeal, Lord Justice Simon Brown said he would allow the asylum seekers from Iraq and Afghanistan to appeal against the decisions of Harrow council and Kensington and Chelsea council.

The London boroughs had refused the pair and their families accommodation as homeless applicants because on their arrival in Britain they had been dispersed to Glasgow. When they were awarded leave to remain, the asylum seekers left Scotland and approached the councils, but were referred back to Glasgow council by the London boroughs.

Lord Justice Brown said the key issue was whether Glasgow could be seen "as the residence of the asylum seeker’s own choice".

He said: "If the provider of accommodation cannot even pay regard to the applicant’s preference as to its locality, it cannot, in my judgement, be right to characterise residence in that locality as being of the applicant’s own choice."