header-logo header-logo

18 October 2007
Issue: 7293 / Categories: Case law , Law digest
printer mail-detail

Immigration

RK (Algeria) v Secretary of State for the Home Department [2007] EWCA Civ 868, [2007] All ER (D) 100 (Oct)

(i) In an area such as asylum, in cases where important issues of credibility arise, a delay of over three months between hearing and determination would merit remittance for re-hearing unless, by reason of particular circumstances, it is clear that the eventual outcome of the application, whether by the same or a different route, has to be the same.

Substantial delay between the hearing and preparation of the determination renders the assessment of credibility issues unsafe and tends to undermine the loser’s confidence in the correctness of the decision once delivered.

(ii) Although decisions in asylum and immigration cases should, in principle, be based upon circumstances as they were at the time of the determination rather than at any earlier stage, there has to come a time at which the opportunity for judicial survey of up-to-date evidence stops.

Save in exceptional circumstances, it stops upon promulgation of the tribunal’s determination. It has therefore stopped by the time the case reaches the Court of Appeal.

Issue: 7293 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll