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30 November 2012
Issue: 7540 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of BB) v Special Immigration Appeals Commission and another [2012] EWCA Civ 1499, [2012] All ER (D) 210 (Nov)

Neither the detention of an individual pending his deportation, nor the grant of conditional bail pending deportation, involved a determination of civil rights within the meaning of Art 6 of the European Convention on Human Rights. The expulsion of an alien and his detention pending expulsion did not determine his civil rights. At most, they incidentally had an effect on those rights. The distinction was critical in the context of a state’s control over aliens who were within its territory. The fact that the exercise of the power to deport would have an effect on an individual’s right to respect for private and family life or other rights did not mean that the exercise of the power involved a determination of the individual’s civil rights. So too, the fact that the detention of an individual pending deportation would affect him in that way did not mean that the detention involved a determination of civil rights.

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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