R (Mahmood) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE LAWS,Lord Justice May,The Master of the Rolls |
| Judgment Date | 08 December 2000 |
| Judgment citation (vLex) | [2000] EWCA Civ J1208-13 |
| Docket Number | Case No: C/2000/0385 |
| Court | Court of Appeal (Civil Division) |
| Date | 08 December 2000 |
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415 cases
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Alli (A Minor) v Minister for Justice
...return to their country of origin did not incorporate an exceptionality rule. R. (Mahmood) v. Home Secretary [2000] EWCA Civ 315 [2001] 1 W.L.R. 840 and Huang v. Home Secretary[2007] UKHL 11, [2007] 2 A.C. 167 approved; E.B. (Kosovo) v. Home Secretary [2008] UKHL 41, [2009] A.C. 1159,H.B. v......
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R (Ponting) v Governor of HMP Whitemoor and Secretary of State for the Home Department
...70 What then is the role of the national court? After considering a number of authorities, including The Queen on the application of Mahmood v Secretary of State for the Home Department [2001] 1 WLR 840 as clarified in Daly, Dyson L.J. said in paragraph 35 that the function of the court is ......
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Odeh v The Minister for Justice and Equality No.3
...of the European Court of Human Rights summarised by Lord Phillips in R. (Mahmood) v Secretary of State for the Home Department [2001] 1 W.L.R. 840, the Minister should have regard to the presence or absence of insurmountable obstacles to the family living together 30 As Clark J observed in......
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Olivia Agbonlahor and Others v The Minister for Justice Equality and Law Reform and Others
...where deportation might breach right to private or family rights - Abdulaziz v UK (1985) 7 EHRR 471; R (Mahmood) v. Home Secretary [2001] 1 WLR 840 and N v Home Secretary [2005] 2 AC 296 followed; AO & DL v Minister for Justice [2003] 1 IR 1; Bensaid v UK (2001) 33 EHRR 25; Raninen v Finla......
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7 books & journal articles
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Judicial Deference under the Human Rights Act
...and Practice (Toronto: University of Toronto Press,1995) 82.84 Emphasis added.85 R (Mahmood) vSecretary of State for the Home Department [2001] 1 WLR 840, 857 [40].86 Later in Farrakhan, n 27 above, Lord Phillips MR recognised that the Daly test was appropriate (at501 [65]).The Modern Law R......
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‘Australian Exceptionalism’ in Judicial Review
...Crooked Cord: Public Law Essays in Honour of Sir William Wade QC (1998) 185; R (Mahmood) v Secretary of State for the Home Department [2001] 1 WLR 840, 847-8 [18] (Laws LJ). 73 See SZADC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1497 (Unreported, Stone J......
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The Impact of Apartheid on Commonwealth Administrative Law
...Principle?’ (2000) 11 King’sCollege LJ 334.142[1998] QB 575 (QB).143R (Mahmood) v Secretary of State for the Home Department [2001] 1 WLR 840, 849, per LawsLJ (CA).See also J Laws ‘Wednesbury’in C F Forsyth & I Hare (eds) The Golden Metwand and theCrooked Cord: Essays on Public Law in Honou......
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A Sliding Scale of Reasonableness in Judicial Review
...Act 1998’ in Evelyn Ellis (ed) The Principle of Proportionality in the Laws ofEurope (1999) 117, 127 et seq.15[1996] QB 517 at 554.16[2001] 1 WLR 840 at 848–9 para 19.17Part of the reason for not directly engaging in an examination of whether art 8 of theConvention had been violated was tha......
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