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Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the appellant Colombian national's appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber) (the UT) dismissing her appeal against a deportation order made against her by the respondent Secretary of State, pursuant to s 32(5) of the UK Borders Act 2007. The UT had had jurisdiction to consider, and had been right to hold, that the First-tier Tribunal (Immigration and Asylum Chamber) had erred in law and that its decision could not stand. In re-making the decision, the UT had identified and carefully considered all the factors which had favoured the appellant and given full weight to them. It had been entitled, nonetheless, to conclude that they had not been strong enough to outweigh the public interest in deportation.
Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the appellant Colombian national's appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber) (the UT) dismissing her appeal against a deportation order made against her by the respondent Secretary of State, pursuant to s 32(5) of the UK Borders Act 2007. The UT had had jurisdiction to consider, and had been right to hold, that the First-tier Tribunal (Immigration and Asylum Chamber) had erred in law and that its decision could not stand. In re-making the decision, the UT had identified and carefully considered all the factors which had favoured the appellant and given full weight to them. It had been entitled, nonetheless, to conclude that they had not been strong enough to outweigh the public interest in deportation.
The Bar Council faces both opportunities and challenges on our key areas this year
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The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty