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2 stage test for Article 8 private and family life

Summary The Queen on the application of Ganesabalan v Secretary of State for the Home Department This case concerned a claim for Judicial Review where permission to apply for Judicial Review was granted. The issue was the lawfulness of a decision of the Home Office to refuse leave to remain in the UK to the applicant, and the 2 stage test for private and family life under Article 8 of the ECHR. Facts of the […]

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What is a material error of law when appealing to the Upper Tribunal from the First Tier Tribunal?

Or, to put it another way, if you lose your appeal at the First Tier Tribunal, and want to apply for Permission to Appeal to the Upper Tribunal, you must specify what the alleged material errors of law made are, in the decision you are challenging. So, to answer the million dollar question? WHAT IS AN ERROR OF LAW? READ ON! SUMMARY When making an application for permission to appeal to the Upper Tribunal from […]

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A Question of Fairness

<strong>Fair play?</strong> Case of Marghia (procedural fairness) (2014) UKUT 366 (IAC) <strong>Summary</strong> This case deals with the issue of the common law duty of fairness. There is no absolute duty in law to make decisions which are substantively ‘fair’. The court will not interfere with decisions which are objected to as being substantively unfair, except where no reasonable decision maker could have arrived at the decision in question. It is only for the Secretary of […]

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