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03 August 2012
Issue: 7525 / Categories: Case law , Law digest , In Court
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Immigration

RT (Zimbabwe) and others v Secretary of State for the Home Department; KM (Zimbabwe) (FC) v Secretary of State for the Home Department [2012] UKSC 38, [2012] All ER (D) 251 (Jul)

It was well-established that there were no hierarchies of protection among the reasons for persecution given by the European Convention on Human Rights, and the “well-founded fear of persecution” test set out in the Convention did not change according to which Convention reason was engaged. On the case law, Art 9 of the Convention protected the rights of both religious believers and unbelievers. There was no basis in principle for treating the right to hold and not to hold political beliefs any differently. Article 10 provided that everyone had the right to freedom of expression, including freedom to hold opinions: that had to include the freedom not to hold opinions. Although much of the case law dealt with religious beliefs, there was no basis for treating the right to hold and not hold political views differently from religious ones. Furthermore, there was no distinction to be

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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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