*/
Immigration – Leave to remain. The Court of Appeal, Civil Division, held that para 322(1A) of the Immigration Rules was not ultra vires. The Immigration Rules did not constitute 'rules' in the sense that a statute or a statutory instrument did, but it was not the case that they were statements of policy, subject to all the public law constraints on policies and discretionary powers, including the non-fettering principle. Further, although para 322(1A) of the Immigration Rules was in mandatory terms, the Secretary of State might depart from it by making a decision more beneficial to an applicant such as to grant discretionary leave to remain 'outside the rules' when the Immigration Rules provided that leave should not be given.
Immigration – Leave to remain. The Court of Appeal, Civil Division, held that para 322(1A) of the Immigration Rules was not ultra vires. The Immigration Rules did not constitute 'rules' in the sense that a statute or a statutory instrument did, but it was not the case that they were statements of policy, subject to all the public law constraints on policies and discretionary powers, including the non-fettering principle. Further, although para 322(1A) of the Immigration Rules was in mandatory terms, the Secretary of State might depart from it by making a decision more beneficial to an applicant such as to grant discretionary leave to remain 'outside the rules' when the Immigration Rules provided that leave should not be given.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier
