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Law Digests: 7 October 2022

07 October 2022
Issue: 7997 / Categories: Case law , In Court , Law digest
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Immigration

R (on the application of ALO and others) v Secretary of State for the Home Department [2022] EWHC 2380 (Admin), [2022] All ER (D) 34 (Sep)

The Administrative Court allowed in part the claimants’ judicial review claim regarding the first claimant’s application for Afghan Relocation and Assistance Policy (ARAP). He was eligible for relocation to the UK; however, his presence had been assessed as not conducive to the public good on grounds of national security due to his conduct, character, and associations. The first claimant argued that the defendant Secretary of State had, in making that decision: (i) failed to give reasons; (ii) failed to meet the requirements of Art 6 of the European Convention of Human Rights; (iii) there was ‘no minded’ to process, and (iv) the State’s assessment of the ‘not conducive to the public good’ issue was flawed. The court held, among other things, that for grounds (i) and (iii) there was no general duty to give reasons. However, the claimant was successful on ground (iv) on the

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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