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Asylum update

Anna Beale examines recent developments and cases

14 May 2004

As ever, the recent developments in asylum and immigration-related human rights law could fill a book, let alone an update article. What follows is a summary of some of the most significant developments in the case law over the past year. As practitioners will be aware, the effects of the recent legislative changes are only just beginning to filter through the higher courts, so much of what follows will be subject to yet further modification in the coming year. Ullah and beyond One of the most significant recent developments is the Court of Appeal’s (CA) decision in R (Ullah) v Special Adjudicator [2003] 1 WLR 770. Although the facts of the case were concerned only with Art 9 ECHR, Lord Phillips MR widened his analysis to include the following statement of principle at para 64: "Where the Convention is invoked on the sole ground of the treatment to which an alien, refused the right to enter or remain, is likely to be subjected by the receiving ...

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