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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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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