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Court of Appeal dismisses Article 8 challenge to ADR rules

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mkhan2525
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Court of Appeal dismisses Article 8 challenge to ADR rules

Post by mkhan2525 » Thu May 25, 2017 8:40 pm

New judgment handed down yesterday 24/05/17.


secret.simon
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Re: Court of Appeal dismisses Article 8 challenge to ADR rul

Post by secret.simon » Thu May 25, 2017 10:32 pm

Interesting judgment. Does anybody know if this will be appealed further to either the Supreme Court or to Strasbourg directly?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mkhan2525
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Re: Court of Appeal dismisses Article 8 challenge to ADR rul

Post by mkhan2525 » Fri May 26, 2017 2:10 pm

They are going to appeal further to the Supreme Court and have applied for permission to do so to the COA.

I personally do not see this case succeeding at the Supreme Court given the courts dim views on family life and reluctance to strike down Immigration rules as we have seen in the cases of MM and Bibi.
So what's next? We have applied directly to the CoA for for permission to appeal further up. They however pretty much never cede this. We then have 28 days from judgment date to apply to the Supreme Court.
http://britcits.blogspot.co.uk/2017/05/ ... gment.html

secret.simon
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Re: Court of Appeal dismisses Article 8 challenge to ADR rul

Post by secret.simon » Fri May 26, 2017 3:08 pm

Would it not make more sense for them to appeal directly to Strasbourg? They may be able to skip the Supreme Court if there is “no real prospect of success”.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
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Re: Court of Appeal dismisses Article 8 challenge to ADR rul

Post by vinny » Wed May 31, 2017 12:07 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Re: Court of Appeal dismisses Article 8 challenge to ADR rul

Post by Obie » Wed May 31, 2017 10:30 pm

secret.simon wrote:Would it not make more sense for them to appeal directly to Strasbourg? They may be able to skip the Supreme Court if there is “no real prospect of success”.
Both course of action are not mutually exclusive. It once was but not anymore.
Smooth seas do not make skilful sailors

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