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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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