Podcast Location:
Download it here [file size: 47.7 MB]
Categories:
Immigration and Asylum Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to ensure that legal practitioners are familiar with the Principle of Fairness in Immigration Cases.

Outcomes:
After completing the course you will:
  • Know what the principle of fairness is;
  • Understand how the principle of fairness manifests itself in case law;
  • Be aware of whether the right to a fair hearing is considered under the principle of common law fairness;
  • Be aware of the relevant case law.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Introduction
Legal Principles
Legislative Updates
Practical Guide
Procedural
Sources and References:
  • R –v- Secretary of State for the Home Department, Ex parte Doody [1994] 1 AC 531;
  • R (on the application of Mushtaq) v Entry Clearance Officer of Islamabad, Pakistan (ECO – procedural fairness) IJR [2015] UKUT 224 (IAC);
  • Miah (Interviewer’s Comments: Disclosure: Fairness) [2014] UKUT 515 (IAC);
  • Thakur (PBS decision – common law fairness) Bangladesh [2011] UKUT 00151 (IAC);
  • Patel (revocation of sponsor licence – fairness) India [2011] UKUT 00211 (IAC);
  • Naved (Student – fairness – notice of points) Pakistan [2012] UKUT 00014(IAC);
  • MM (unfairness; E & R) Sudan [2014] UKUT 105 (IAC);
  • R – v – Chief Constable of Thames Valley Police, ex parte Cotton [1990] IRLR 344;
  • E & R – v – Secretary of State for the Home Department [2004] EWCA Civ 49;
  • R – v – Criminal Injuries Compensation Board, ex parte A [1999] 2 AC 330.
Tags:

In this CPDcast, Sarah Pinder, a barrister at Goldsmith Chambers, looks at the Principle of Fairness in Immigration Cases. Sarah explains what the principle of fairness is and how this principle is upheld in immigration cases, before considering the right to a fair hearing. Sarah then analyses two leading cases which deal with the principle of fairness in immigration cases.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales. This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: 34:43

Date Recorded: 28th July 2015

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