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08 December 2011
Issue: 7493 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of Mayaya and others) v Secretary of State for the Home Department [2011] EWHC 3088 (Admin), [2011] All ER (D) 193 (Nov)

The secretary of state’s policy on discretionary leave provided that a person who had committed a serious crime would not normally receive a grant of discretionary leave for a period exceeding six months, and while those who had been granted discretionary leave were ordinarily eligible for indefinite leave to remain after six years, those who had committed serious crimes could only obtain indefinite leave to remain after 10 years of discretionary leave to remain. At its highest, the no-fettering principle meant that a person had to know what the relevant policy of a public authority entailed and had to be able to make submissions about its application in their individual case. The public authority then had to consider that case on its merits.

The discretionary policy breached the no-fettering principle by suggesting that a person always had to have had at least 10 years’ discretionary leave to be granted indefinite leave to

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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS

Family set expands with the formal integration of 4 Brick Court into 42BR Barristers

The Court of Appeal has issued a stern warning to lawyers engaging in the practice of ‘privilege hunting’—obtaining an opponent’s legally privileged information through dishonest means
Legal executives have given a lukewarm reception to the Legal Services Board’s (LSB’s) final report from its regulatory review into Mazur advice and guidance
A homeless single parent offered accommodation in Derby has lost her Supreme Court appeal against the London council making the offer
The Kingdom of Bahrain does not enjoy sovereign immunity from allegations it used surveillance software to spy on dissidents in the UK, the Supreme Court has held
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