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25 January 2007
Issue: 7257 / Categories: Case law , Law digest
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Immigration

DK (Serbia) v Secretary of State for the Home Department [2006] EWCA Civ 1747, [2006] All ER (D) 312 (Dec)

The Court of Appeal gave guidance about the scope of a reconsideration by the Asylum and Immigration Tribunal of its own decisions under s 103A of the Nationality, Immigration and Asylum Act 2002, and the procedure to be adopted:

(i) It should normally be restricted to those grounds upon which the immigration judge ordered reconsideration, and any point which properly falls within the category of an obvious or manifest point of European Convention on Human Rights jurisprudence. It will be the exception, rather than the rule, that a tribunal will permit other grounds to be argued.

(ii) A body asked to reconsider a decision on the ground of any identified error of law approaches its reconsideration on the basis that any factual findings and conclusions arising from those findings which are
unaffected by the error of law need not be revisited.

(iii) Reconsideration should be dealt with at one hearing, unless good reason is shown to the contrary.

Issue: 7257 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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