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15 July 2016
Issue: 7707 / Categories: Case law , Law digest , In Court
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Immigration

R (on the application of Behary) and another v Secretary of State for the Home Department [2016] EWCA Civ 702, [2016] All ER (D) 43 (Jul)

The Court of Appeal, in dismissing two linked appeals, considered the meaning of “established presence” in para 14 of Appendix C of the Immigration Rules, in respect of two appellants who had been refused an extension to their Tier 4 student visas because they had applied the day after their previous leave had expired. The court held that the word ‘current’ in para 14 did not encompass “recent” or “latest”, but referred to an existing state of affairs. It required the applicant concerned to have the relevant leave (or entry clearance) at the date on which he made his application for leave. If at the date of application that leave had expired, it was not current.

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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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