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18 November 2010
Issue: 7442 / Categories: Case law , Law digest
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Immigration

R (on the application of Elmi and others) v Secretary of State for the Home Department [2010] EWHC 2775 (Admin), [2010] All ER (D) 124 (Nov)

What mattered in relation to an application for fee exemption under the Immigration and Nationality Fees Regulations 2007 (SI 2007/1158), the Consular Fees Order 2008, SI 2008/676 and the Immigration and Nationality (Fees) (Amendment) Regulations 2008, SI 2008/544 was that:

(i) the nature of the underlying visa or entry clearance application should be clear so that it was possible to see whether a fee was payable and whether a fee exemption might be available;

(ii) it was clear that an application for fee exemption was being made;

(iii) an evidential basis for the fee exemption was provided; and

(iv) a fee waiver power existed, even if it changed over time. If a fee exemption application was made and relevant evidence was not provided, it was to be hoped that the department would tell an applicant what at least the target of any evidence should be.
 

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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