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Immigration – Asylum seeker. The appellant Iranian national made an unsuccessful claim for asylum. The First-Tier Tribunal (Immigration and Asylum Chamber) (the FTT) dismissed his appeal. The appellant contended, inter alia, that the FTT had erred in failing to take into account, in the proportionality assessment under art 8 of the European Convention on Human Rights, the respondent Secretary of State's policy on removals to Iran. Further, if he was not granted discretionary leave to remain, he would be left in limbo. The Court of Appeal, Civil Division, dismissing the appeal, held, inter alia, that, having considered the policy, even if the appellant's argument had been advanced before the FTT, there would have been no proper basis for a finding that the refusal of leave would have put him into a state of limbo. Consideration of whether he would have been in a state of limbo would have drawn the FTT into impermissible speculation about the future.
Immigration – Asylum seeker. The appellant Iranian national made an unsuccessful claim for asylum. The First-Tier Tribunal (Immigration and Asylum Chamber) (the FTT) dismissed his appeal. The appellant contended, inter alia, that the FTT had erred in failing to take into account, in the proportionality assessment under art 8 of the European Convention on Human Rights, the respondent Secretary of State's policy on removals to Iran. Further, if he was not granted discretionary leave to remain, he would be left in limbo. The Court of Appeal, Civil Division, dismissing the appeal, held, inter alia, that, having considered the policy, even if the appellant's argument had been advanced before the FTT, there would have been no proper basis for a finding that the refusal of leave would have put him into a state of limbo. Consideration of whether he would have been in a state of limbo would have drawn the FTT into impermissible speculation about the future.
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
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Where to start and where to find help? Monisha Shah, Chair of the King’s Counsel Selection Panel, provides an overview of the silk selection process, debunking some myths along the way
Do chatbot providers owe a duty of care for negligent misstatements? Jasper Wong suggests that the principles applicable to humans should apply equally to machines
