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25 January 2007
Issue: 7257 / Categories: Case law , Law digest
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Immigration

DK (Serbia) v Secretary of State for the Home Department [2006] EWCA Civ 1747, [2006] All ER (D) 312 (Dec)

The Court of Appeal gave guidance about the scope of a reconsideration by the Asylum and Immigration Tribunal of its own decisions under s 103A of the Nationality, Immigration and Asylum Act 2002, and the procedure to be adopted:

(i) It should normally be restricted to those grounds upon which the immigration judge ordered reconsideration, and any point which properly falls within the category of an obvious or manifest point of European Convention on Human Rights jurisprudence. It will be the exception, rather than the rule, that a tribunal will permit other grounds to be argued.

(ii) A body asked to reconsider a decision on the ground of any identified error of law approaches its reconsideration on the basis that any factual findings and conclusions arising from those findings which are
unaffected by the error of law need not be revisited.

(iii) Reconsideration should be dealt with at one hearing, unless good reason is shown to the contrary.

Issue: 7257 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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