header-logo header-logo

Immigration

30 November 2012
Issue: 7540 / Categories: Case law , Law digest , In Court
printer mail-detail

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll