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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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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