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25 July 2014
Issue: 7616 / Categories: Case law , Law digest , In Court
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Immigration

Qongwane and others v Secretary of State for the Home Department; R (the application of Singh (India)) v Secretary of State for the Home Department [2014] All ER (D) 167 (Jul)

Paragraph 353B of the Statement of Changes in Immigration Rules HC395 did not confer a discretion on the secretary of state. It was implicit in s 84(1)(f) of the Nationality, Immigration and Asylum Act 2002 that the secretary of state might exercise discretions that related to immigration and asylum other than those conferred by the rules. The discretion not to remove a migrant with no rights to be in the UK was not one that was subject to any rule; it was a discretion exercised outside those rules. Paragraph 353B did not of itself create an obligation on the secretary of state to carry out a review in the circumstances to which it referred. A decision by the secretary of state that there were no exceptional circumstances that justified a finding that removal was no longer appropriate could not be appealed under s 84(1)(f) of the Act.

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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