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10 July 2008
Issue: 7329 / Categories: Case law , Law digest , Immigration & asylum
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Immigration

EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41, [2008] All ER (D) 334 (Jun)

There is no specified period within which an immigration decision must be made. It does not, however, follow that delay in the decision-making process is necessarily irrelevant to the decision.

The applicant may, during the period of any delay, develop closer personal and social ties and establish deeper roots in the community than he could have shown earlier.

Any relationship into which the applicant has entered will lose its sense of impermanence and the expectation will grow that if the authorities had intended to remove the applicant they would have taken steps to do so, thus affecting the proportionality of removal.

Delay may also be relevant if it is shown to be the result of a dysfunctional system which yields unpredictable, inconsistent and unfair outcomes.

Issue: 7329 / Categories: Case law , Law digest , Immigration & asylum
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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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