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11 August 2011
Issue: 7478 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of BB) v Special Immigration Appeals Commission [2011] EWHC 2129 (Admin), [2011] All ER (D) 28 (Aug)

Decisions regarding the entry, stay, and deportation of aliens did not concern civil rights and obligations within the meaning of Art 6(1) of the European Convention on Human Rights. That applied to immigration measures which did not, or did not yet, result in proceedings but might result in immigration detention. Special Immigration Appeals Commission (SIAC) bail proceedings only took place in the direct context of deportation proceedings or immigration measures. They were an alternative to or relaxation of immigration detention and were directly in aid of contemplated deportation, conditioned on the person’s future attendance before an immigration officer. SIAC bail proceedings might affect a person’s civil and human rights, but did not determine them in the sense that the relevant issue at stake was the question of deportation. The bail proceedings were properly to be characterised as interim proceedings in the deportation proceedings or proceedings ancillary to the deportation proceedings. Article 6(1) of the Convention did not

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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