
Keelin McCarthy
@KeelinMcCarthy
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Barrister specialising in immigration, nationality and related public law at One Pump Court Chambers @1PCImmigration
London
Joined March 2021
Supreme Court allows SSHD appeal in AM (Belarus). UT erred in failing to give significant weight in the proportionality balance to the fact that A's immigration limbo was was self-induced through his deliberate obstruction of removal:
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CA: Deportation - UT and FtT erred by treating proportionality under EEA 2016 Regs and under Article 8 ECHR as same test. These are separate tests, to be approached consecutively. Also erred when weighing AA's integration to UK and threat of harm.
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High Court: an outstanding permission application to the Supreme Court isn't a 'pending' appeal for the purposes of s104 NIAA 2002. There's therefore no statutory bar on A's removal (although courts may grant a stay):
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📢Join us at 4pm, on Thursday for a free Webinar providing a comprehensive update on Article 8 cases and developments, led by @aliromah , @KeelinMcCarthy, and @DeborahRevill. We'll also delve into the effects on family and private life claims from the 2023 Illegal Migration Act.
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📢 Join us Thursday at 3pm for a free webinar. @MMoriarty10 and @mangrovemk will be taking a practical look at legal developments with medical cases under Article 3 ECHR and the implications of the Illegal Migration Act 2023. Secure your spot now:
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🚨Calling all recently completed postgraduate students! 🚨You are invited to enter our annual postgraduate dissertation competition. The authors of the best dissertations will be invited to adapt their work for publication as an article in the Journal. (1)
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Supreme Court unanimously dismisses SSHD's appeal in Rwanda appeals. CA entitled to find substantial grounds for believing real risk of ill-treatment through refoulement. Cross-appeal on retained EU law also dismissed:
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High Court: SSHD has discretion to lift (or not impose) a 'no recourse to public funds' condition in relation to any grant of leave to remain. Refusal on the basis that the discretion applied only to leave on private or family life grounds was unlawful:
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Several sections of the Illegal Migration Act 2023 come into force on 28 September. S12 allows detention for such period as is 'reasonably necessary' in SSHD's opinion for examination, removal, directions, decision, order to be carried out/given/made.
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High Court: where C's ILR had lapsed due to over two years' absence from the UK, a subsequent unlawful deportation order didn't entitle him to an award under the Windrush Compensation Scheme:
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High Court: ARAP refusal for Afghan judge who worked in terrorism court and anti-corruption and counter-narcotic roles wrongly focused on 'peripheral' matters rather than the substance of his work and the institutions' contribution to the UK's objectives:
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CA: in age assessment cases, the Administrative Court should consider whether there is good reason to 'hive off' a procedural challenge, as doing so will sometimes add no value to a challenge to the factual findings:
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CA: SSHD has power to accommodate unaccompanied asylum-seeking children in hotels, but not routinely or systematically. From December 2021, her practice of doing so was both routine and systematic, and therefore unlawful:
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CA: where A intended to care for her employer during a UK visit while continuing to receive salary for her work as his housekeeper overseas, this constituted an intention to work. She was therefore rightly refused leave to enter as a visitor:
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Although many think the samosa originated in South Asia, its roots can be traced back to Central Asia & the Middle East. In Arab cookbooks dating from the 10th to 13th centuries, pastries were referred to as 'sanbusak,' derived from the Persian term 'Sanbosag'  A samosa thread…
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CA dismisses challenge to SSHD's detention of women at Derwentside with no in-person legal advice. Claim should have been brought against Lord Chancellor, who's responsible for legal aid, and there's no common law right to receive advice face-to-face:
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High Court: SSHD was entitled to refuse entry clearance to Afghan interpreter on non-conducive grounds where he'd allegedly released sensitive information and threatened to kill coalition forces. C denied this but court had regard to closed material:
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📢ILPA has prepared a Briefing in advance of the @HouseofCommons 2nd Reading of the Illegal Migration Bill, analysing the Bill’s assault on the rights of migrants and on the rule of law: https://t.co/eqhyh9ulOE
ilpa.org.uk
The Illegal Migration Bill represents an assault on the rights of migrants and on the rule of law. ILPA’s briefing on the Illegal Migration Bill ahead of its Second Reading […]
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Asylum inadmissibility: join our David Chirico and Ben Bundock for a webinar this Thurs 12th Jan
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Today, in the last of our current series of webinars, David Chirico and Benjamin Bundock will discuss inadmissibility decisions. Join us at 3pm. Register here:
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