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21 February 2014
Issue: 7595 / Categories: Case law , Law digest , In Court
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Immigration

Khan v Secretary of State for the Home Department [2014] All ER (D) 94 (Feb), [2014] EWCA Civ 88

Section 96(1) of the Nationality, Immigration and Asylum Act 2002 was directed to material that could have been raised, but had not been, on an actual or possible appeal against an earlier decision. On an appeal, the appellant relied upon his grounds of appeal and upon his evidence in support of such grounds. It was not surprising, therefore, to find that if a person had failed to appeal or had lost an appeal, he should not be permitted to adduce evidence that he could have relied upon on such an appeal, but had not.

Sub-sections (1) and (2) of s 96 of the Act dealt with different subjects and it was not surprising that Parliament should have used a flexible word such as “matter” to encompass the different material that might have been relied upon in each case. Nor was it surprising that when enacting the amended s 96 it had moved away from the word “ground” and had

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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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