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Marghia (Procedural Fairness)

Immigration, nationality, asylum, and extradition. Visas etc.

Marghia (Procedural Fairness)

Postby dls » Mon Sep 08, 2014 5:03 am

Marghia (Procedural Fairness) - AIT - 25-Jul-2014 - Haddon-Cave J, Coker UTJ ([url=http://www.bailii.org/uk/cases/UKAITUR/2014/[2014]_UKUT_366_iac.html]Bailii[/url], [2014] UKUT 366 (IAC)) - Immigration
AIT The common law duty of fairness is essentially about procedural fairness. There is no absolute duty at common law to make decisions which are substantively "fair". The Court will not interfere with decisions which are objected to as being substantively unfair, except the decision in question falls foul of the Wednesbury test i.e. that no reasonable decision-maker or public body could have arrived at such a decision.
It is a matter for the Secretary of State whether she exercises her residual discretion. The exercise of such residual discretion, which does not appear in the Immigration Rules, is absolutely a matter for the Secretary of State and nobody else, including the Tribunal - Abdi [1996] Imm AR 148.

Cases Cited:
Regina -v- Secretary of State for the Home Department Ex Parte Abdi, Same -v- Same, Ex Parte Gawe HL 15-2-1996 (Times 17-Feb-96, Gazette 06-Mar-96, Independent 21-Feb-96, [1996] 1 All ER 641, Bailii, [1996] UKHL 9, [1996] Imm AR 46, [1996] 1 WLR 298)
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Re: Marghia (Procedural Fairness)

Postby Cat » Mon Sep 08, 2014 11:42 am

Is there a link for this 2014 case, please dls?
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Re: Marghia (Procedural Fairness)

Postby atticus » Mon Sep 08, 2014 1:15 pm

Copy this entire line into your browser's address bar. The square brackets confuse the system.

http://www.bailii.org/uk/cases/UKAITUR/2014/[2014]_UKUT_366_iac.html
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Re: Marghia (Procedural Fairness)

Postby dls » Mon Sep 08, 2014 3:10 pm

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