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03 August 2012
Issue: 7525 / Categories: Case law , Law digest , In Court
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Immigration

RT (Zimbabwe) and others v Secretary of State for the Home Department; KM (Zimbabwe) (FC) v Secretary of State for the Home Department [2012] UKSC 38, [2012] All ER (D) 251 (Jul)

It was well-established that there were no hierarchies of protection among the reasons for persecution given by the European Convention on Human Rights, and the “well-founded fear of persecution” test set out in the Convention did not change according to which Convention reason was engaged. On the case law, Art 9 of the Convention protected the rights of both religious believers and unbelievers. There was no basis in principle for treating the right to hold and not to hold political beliefs any differently. Article 10 provided that everyone had the right to freedom of expression, including freedom to hold opinions: that had to include the freedom not to hold opinions. Although much of the case law dealt with religious beliefs, there was no basis for treating the right to hold and not hold political views differently from religious ones. Furthermore, there was no distinction to be drawn between people who had deliberately chosen not to voice

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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