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29 June 2016
Issue: 7705 / Categories: Legal News
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Court clarifies “clearly unfounded”

In an important judgment, the Court of Appeal has clarified the approach by the home secretary when certifying asylum and human rights claims as “clearly unfounded”.

The home secretary rejected two Albanian citizens’ refugee status and human rights applications and certified both applications as “clearly unfounded” claims under s 94(3) of the Nationality, Immigration and Asylum Act 2002.

Ruling in FR & Anor (Albania), R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 605, the court quashed the certificates.

Delivering the lead judgment, Lord Justice Beatson emphasised “the importance of giving separate consideration to the decision on an application for asylum, where the secretary of state decides whether it should succeed, and the decision on certification, where she has to decide whether the application is ‘clearly unfounded’ so that it is bound to fail and ought to be certified”.

Naim Hasani, consultant solicitor at Duncan Lewis, who acted for FR, says the decision “obliges the secretary of state for the home department to review her current policy/practice on how she approaches refusal and certification of asylum and human rights claims.

“This can only be a positive development for many refugees who are often victims of badly constructed decisions by the home secretary.”

Issue: 7705 / Categories: Legal News
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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