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28 March 2013
Categories: Case law , Law digest
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Immigration

R (on the application of Lord Carlile of Berriew & Others) v Secretary of State for the Home Department [2013] EWCA Civ 199, [2013] All ER (D) 224 (Mar)

It was settled law that, where special expertise was required, the court had to grant a wide margin to the secretary of state’s decision in matters of national security and foreign policy and the court should not substitute its judgment for that of the secretary of state. The executive took responsibility for issues of national security and the handling of international relations and was democratically accountable for the merits of the decisions of Parliament. The court reserved to itself the responsibility for seeing that the decision complied with the law, was not irrational and complied strictly with procedural requirements. The secretary of state had accordingly been entitled to have regard to the welfare of the local staff and to the protection of British property in Tehran in refusing entry to the UK to a prominent Iranian dissident.

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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

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