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15 July 2016
Issue: 7707 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of Behary) and another v Secretary of State for the Home Department [2016] EWCA Civ 702, [2016] All ER (D) 43 (Jul)

The Court of Appeal, in dismissing two linked appeals, considered the meaning of “established presence” in para 14 of Appendix C of the Immigration Rules, in respect of two appellants who had been refused an extension to their Tier 4 student visas because they had applied the day after their previous leave had expired. The court held that the word ‘current’ in para 14 did not encompass “recent” or “latest”, but referred to an existing state of affairs. It required the applicant concerned to have the relevant leave (or entry clearance) at the date on which he made his application for leave. If at the date of application that leave had expired, it was not current.

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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