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Court: Court of Appeal

Appeal against the immigration tribunals’ ‘marriage of convenience’ finding

Rosa v Secretary of State for the Home Department [2016] EWCA Civ 14

Challenge to the Upper Tribunal determination that the First-tier Tribunal’s decision had not been vitiated by material error of law. The appellant argued that the tribunal had erroneously approached the issue of whether her marriage was a marriage of convenience and had failed to deal with the evidence adequately.

Court dismisses applications for judicial review

R (Delezuch) v Chief Constable of Leicestershire Constabulary and another case [2014] EWCA Civ 1635

The Court dismissed two linked applications for judicial review challenging the lawfulness of guidance relating to the post-incident management of investigations into deaths that follow the use of force by police officers.

“Legacy programme” places no obligation on respondent to conclude cases

SH (Iran) & Anor v Secretary of State for the Home Department [2014] EWCA Civ 1469

The Court was required to determine whether there was an obligation on the respondent to conclude cases falling within the “legacy programme” either by the grant of leave to remain or by effecting the removal of the applicant from the UK. Held: dismissing the applications, the “legacy” scheme placed no new obligations on the respondent.