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Can a law change the facts?

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You say refoulement, I say refinement…Let’s call the whole thing off! Malcolm Bishop KC & Dr Satvinder Juss

Lawyers now have a new word, courtesy of the Supreme Court—‘refoulement’. Well known of course to immigration lawyers, but a rather strange concept to the rest of us, sounding a bit foreign and French even, and so to be treated with caution. But the Rwandan case has opened our eyes to this important concept. We have learnt that non-refoulement is a fundamental principle of international law. It forbids a country receiving asylum seekers from returning them to a country in which there would be ‘a reasonable likelihood’ of their being at risk of persecution based on ‘race, religion, nationality, membership of a particular social group or political opinion’. The unanimous decision of the Supreme Court was that there was a substantial risk of illegal immigrants to the UK after transportation to Rwanda being sent back to their country of origin and thereby being at risk or ill-treatment,

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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