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Immigration – Leave to remain. The claimant Nigerian nationals sought judicial review of the defendant Secretary of State's decisions refusing them leave to remain. The Administrative Court, in allowing the application, held that the Secretary of State had been required to give separate consideration to art 8 of the European Convention on Human Rights in her decisions and that there had been no adequate assessments made outside the Immigration Rules, resulting in unlawful decisions. The errors were not immaterial, as it could not be concluded with any degree of confidence that the claimants' claims would necessarily fail.
Immigration – Leave to remain. The claimant Nigerian nationals sought judicial review of the defendant Secretary of State's decisions refusing them leave to remain. The Administrative Court, in allowing the application, held that the Secretary of State had been required to give separate consideration to art 8 of the European Convention on Human Rights in her decisions and that there had been no adequate assessments made outside the Immigration Rules, resulting in unlawful decisions. The errors were not immaterial, as it could not be concluded with any degree of confidence that the claimants' claims would necessarily fail.
The Chair of the Bar sets out how the new government can restore the justice system
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