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14 Oct 2010, 9:34 am by WISCONSIN LAW JOURNAL STAFF
The State claims the circuit court erred in ruling that the challenged portion of Xiong's statement was inadmissible because it was given [...] [read post]
17 Nov 2010, 9:05 am by WISCONSIN LAW JOURNAL STAFF
We agree with the State that Stevens waived his Fifth Amendment right to counsel during a custodial interrogation. [read post]
3 Mar 2011, 2:05 am by sally
LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68 “The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. [read post]
22 May 2007, 2:37 am
Room for caseworker’s discretion Ishtiaq v Secretary of State for the Home Department Court of Appeal “A caseworker in the Home Office had a discretion to decide what evidence an applicant had to produce when she sought indefinite leave to remain in the United Kingdom on the ground that her matrimonial relationship had permanently broken down. [read post]
10 Dec 2010, 2:14 am by traceydennis
R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320 ” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside. [read post]
8 Jul 2010, 2:16 am by sally
Adedoyin v Secretary of State for the Home Department [2010] EWCA Civ 773; [2010] WLR (D) 172 “Dishonesty or deception was required to render a false representation a ground for mandatory refusal of an application for extension of leave to remain. [read post]
20 Mar 2009, 11:07 am
Today the Stanford Law School Supreme Court Litigation Clinic is filing this cert. petition in Dunphy v. [read post]
22 Jun 2010, 1:25 am by sally
FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152 “Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the appeal. [read post]
31 Jul 2008, 9:14 am
McKinnon v Government of the United States of America [2008] UKHL 59; [2008] WLR (D) 266 “A foreign prosecuting authority's plea bargain offer to an accused person whose extradition was sought, did not constitute an abuse of process unless the predicted consequences of refusing the offer were so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process. [read post]
14 Oct 2008, 8:34 am
Regina (C) v Secretary of State for Justice Court of Appeal “Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights. [read post]
7 Sep 2010, 2:21 am by traceydennis
Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239 “It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that had lead… [read post]
3 Dec 2010, 1:58 am by sally
Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313 “For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made. [read post]
14 Mar 2008, 2:48 am
R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85 “The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient's rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court. [read post]