Tag: Upper Tribunal
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Jonathan Collinson: A New Independent Appeals Body for Immigration and Asylum: Accountability, Transparency, and Oversight
This post examines questions of accountability, transparency and oversight in the context of the UK government’s proposal for a new Independent Appeals Body for immigration and asylum decisions, replacing the existing First-tier Tribunal (Immigration and Asylum Chamber) (hereafter, FtT). It is prompted by the government’s official consultation which, amongst other things, asked: What mechanisms should…
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Philip Murray: Reconsidering Ouster Clauses: The High Court’s Decision in Oceana
To many, ouster clauses represent a conflict between, on the one hand, the will of a sovereign Parliament and, on the other, the rule of law’s demands that public bodies act within the limits of their powers. The common law has traditionally sought to interpret ouster clauses restrictively, employing reasoning articulated classically (but far from…