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03 March 2017
Issue: 7736 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of Agyarko) v Secretary of State for the Home Department; R (on the application of Ikuga) v Secretary of State for the Home Department [2017] UKSC 11, [2017] All ER (D) 168 (Feb

The Supreme Court dismissed the appeals of two appellant foreign nationals from a decision in which the respondent secretary of state had refused the appellants’ applications for leave to remain under Appendix FM to the Immigration Rules and decided that there were no exceptional circumstances to warrant the grant of leave to remain outside the Rules, under Art 8 of the European Convention on Human Rights. In so doing it also upheld the decision of the Upper Tribunal (Immigration and Asylum Chamber) which had refused to grant them permission to seek judicial review and the decision of the Court of Appeal which had dismissed the appellants’ appeals. In so doing, it considered, among other things, the nature and application of the phrase “insurmountable obstacles”, as used in para EX.1 of Appendix FM to the Rules.

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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