Secretary of State in UK Law
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Ali v Secretary of State for the Home Department
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Cases not covered by those rules (that is to say, foreign offenders who have received sentences of at least four years, or who have received sentences of between 12 months and four years but whose private or family life does not meet the requirements of rules 399 and 399A) will be dealt with on the basis that great weight should generally be given to the public interest in the deportation of such offenders, but that it can be outweighed, applying a proportionality test, by very compelling circumstances: in other words, by a very strong claim indeed, as Laws LJ put it in SS (Nigeria). The countervailing considerations must be very compelling in order to outweigh the general public interest in the deportation of such offenders, as assessed by Parliament and the Secretary of State.
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R v Secretary of State for the Home Department, ex parte Simms
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Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.
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R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
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Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result: or after it is taken, with a view to procuring its modification; or both.
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Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
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There will, in almost any case, be certain general considerations to bear in mind: the general administrative desirability of applying known rules if a system of immigration control is to be workable, predictable, consistent and fair as between one applicant and another; the damage to good administration and effective control if a system is perceived by applicants internationally to be unduly porous, unpredictable or perfunctory; the need to discourage non-nationals admitted to the country temporarily from believing that they can commit serious crimes and yet be allowed to remain; the need to discourage fraud, deception and deliberate breaches of the law; and so on.
In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.
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R (Razgar) v Secretary of State for the Home Department
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The answering of question (5), where that question is reached, must always involve the striking of a fair balance between the rights of the individual and the interests of the community which is inherent in the whole of the Convention. The severity and consequences of the interference will call for careful assessment at this stage. The Secretary of State must exercise his judgment in the first instance.
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E v Secretary of State for the Home Department
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First, there must have been a mistake as to an existing fact, including a mistake as to the availability of evidence on a particular matter. Secondly, the fact or evidence must have been "established", in the sense that it was uncontentious and objectively verifiable. Fourthly, the mistake must have played a material (not necessarily decisive) part in the Tribunal's reasoning.
- The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020
- Secretary of State for Social Services Order 1968
- The Secretary of State for Constitutional Affairs Order 2003
- The Transfer of Functions (Secretary of State for Culture, Media and Sport) Order 2012
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ONE AND MANY ‐ THE OFFICE OF SECRETARY OF STATE
This article seeks to explain the nature of the office of Secretary of State in the United Kingdom, and how these arrangements have come about. It traces the office from its mediaeval origins, and ...
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Secretary of State for Trade and Industry v Baker and Others
Discovery and inspection of documents are not only the primary investigative tools of any litigator but are also crucial to ensuring fair play between fighting litigants. Access to documents has tr...
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Secretary of State for Trade and Industry v Baker & Others
This case arose from the 1995 collapse of the Barings Banking Group caused by the enormous losses resulting from Nick Lee‐son's unauthorised derivatives trading in Singapore, while general manager ...
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R v Secretary of State for the Environment, Transport and the Regions ex parte Holding and Barnes plc and others
Although the facts giving rise to this decision concerned planning control and planning law the decision is of relevance to the debate about the applicability of the Human Rights Act 1998 to the va...
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Secretary of State Announces that Mississippi Attorney Falls for Ancient Email Scam
The Mississippi Secretary of State’s Office announced yesterday that a Mississippi lawyer was scammed out of hundreds of thousands of dollars: The Secretary of State’s Office has been alerted to an...
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Secretary of State Announces that Mississippi Attorney Falls for Ancient Email Scam
The Mississippi Secretary of State’s Office announced yesterday that a Mississippi lawyer was scammed out of hundreds of thousands of dollars: The Secretary of State’s Office has been alerted to an...
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Swire v Secretary of State [2020]: A cautionary tale for applicants seeking screening directions
A recent High Court ruling in the case of R (Swire) v Secretary of State [2020] has highlighted the subtleties in the approach to screening decisions and particularly in the assessment of measures...
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Government’s plan for withdrawal from the EU announced by Secretary of State for Exiting the European Union
On 10 October 2016, the Secretary of State for the Department for Exiting the EU, David Davis MP, gave an oral statement to Parliament. Key points in the statement include: the Government will brin...
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Response to appeal application - for all Welsh Ministers, Secretary of State - Department of Education cases
Forms relating to First-tier Tribunal (Care Standards), including appeal forms.
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Application / appeal form for the Secretary of State for war pensions and armed forces compensation cases
Forms to appeal decisions by certain first-tier and other tribunals and organisations. Includes social security and child support, and mental health appeals.
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Response to Appeal Application - Secretary of State for All Inclusion on the Protection of Children (PoCA) or on the Protection of Vulnerable Adults (PoVA) List and Monitor
Forms relating to First-tier Tribunal (Care Standards), including appeal forms.
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Application / appeal form for the Secretary of State, HM Revenue and Customs and local authorities for social security, child support, tax credits and housing benefit and council tax benefit cases
Forms to appeal decisions by certain first-tier and other tribunals and organisations. Includes social security and child support, and mental health appeals.