News Items from 12 Old Square

Zane Malik and Darryl Balroop

 The Court of Appeal deals with Article 3 medical health cases and says that it is “highly desirable that the Supreme Court should consider the impact of [the European Court of Human Rights judgment in] Paposhvili for the purpose of domestic law at an early stage” [46] and a stay on removal “is likely to justified” if “the test set out in Paposhvili at paragraph 183” is met [34].

Zane Malik in COA on Evidential Flexibility

 The Court of Appeal gives authoritative guidance on all 8 versions of “evidential flexibility” policy, Rule 245AA and procedural fairness issues in Points Based System cases, and says that “the web of Rules and Guidance has become so tangled that even the spider has difficulty controlling it [54]”. Zane Malik appeared for the Home Secretary, who succeeded in these appeals. Shahadoth Karim and Darryl Balroop appeared for two of the Appellants.

Zane Malik in COA Costs Issue

 The Court of Appeal gives its judgment in SM-v-SSHD [2018] EWCA 32, dealing deals with the issue of costs arising from the claim stayed behind the Supreme Court litigation in TN (Afghanistan)-v-SSHD [2015] UKSC 40, where the High Court ordered no costs. Zane Malik appeared for the Home Secretary and was successful, as the appeal was dismissed. He had appeared for the Claimant in TN (Afghanistan) litigation.

Zane Malik Appears for the Home Secretary

 The Court of Appeal allows the Home Secretary’s appeal and quashes the decisions of the Upper Tribunal and the First Tier Tribunal allowing a foreign criminal’s appeal on Articles 3 and 8 grounds. The Senior President of the Tribunals (with whom Lord Justice Davis and Lord Justice Henderson agree), importantly, says that:

Zane Malik Success in the COA

The Court of Appeal handed down its judgment in Anwar v SSHD [2017] EWCA Civ 2134 earlier today. The Court allows this important appeal and concludes that the immigration rules do not of themselves lawfully impose a condition restricting a student’s place of study in the United Kingdom.