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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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