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20 March 2007
Issue: 7266 / Categories: Case law , Law digest
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IMMIGRATION

BR (Iran) v Secretary of State for the Home Department [2007] EWCA Civ 198, [2007] All ER (D) 199 (Mar)

The court gave guidance concerning applications for an extension of time for the filing of an appellant’s notice where permission to appeal against the decision of an immigration judge has already been granted by the Asylum and Immigration Tribunal (AIT).

(i) There is a presumption that where the AIT has granted permission to appeal to the Court of Appeal, the appeal ought to be heard.

(ii) If a procedural fault causes the court to have to consider whether or notthe appeal should proceed, the presumption might be displaced if it can be shown that the decision of the immigration judge was plainly wrong, in the sense that it was clear that failure to pursue the appeal would not lead to the UK being in breach of its international obligations. The court has to make that assessment without hearing the appeal, but the inquiry is likely to come close to being in substance an appeal rather than just an

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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