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Recent decision on the impact of the new immigration rules on the role of Article 8 in immigration cases

An area of some controversy has been the interpretation of Article 8 of the Convention in cases where an individual seeks to contest a deportation order. The difficulties in this area have been exacerbated by the Home Office introducing amendments to the immigration rules regarding the interpretation of Article 8.

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Immigration & Asylum

Decision by London Transport to carry pro-gay adverts on buses threatens to re-activate legal proceedings

In previous editions of the Update, we referred to a judicial review brought on behalf of a Christian organisation. The challenge related to a decision by the Mayor of London, Boris Johnson, to refuse to allow London buses to carry adverts that claimed gay people could be ‘cured’. These adverts were modelled on the Stonewall pro-gay advert: ‘Some people are gay. Get over it’.

The High Court upheld the Mayor’s decision to ban the adverts. However that decision is currently subject to appeal. The appeal itself is scheduled to be heard at the start of December 2013.

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LGBT

Sacked Greek worker who was HIV positive awarded €14,000 by European Court of Human Rights (ECtHR)

A Greek jewellery worker who was HIV positive, was sacked after co-workers voiced their objections to his continued employment. The domestic courts dismissed his complaints on what the ECtHR described as ‘clearly inaccurate information’. This included the contagious nature of the illness and the fact they had failed to explain how the interests of the employer outweighed those of the employee.

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LGBT

Further legal challenges to the ‘bedroom tax’ in England and Wales

In previous editions of the Update we referred to an unsuccessful legal challenge to the so called ‘bedroom tax’. It would appear that the decision of the High Court has been appealed and will be considered by the Court of Appeal in the near future. In addition to that challenge, a number of other legal actions have been initiated on the same matter.

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Other Public Interest Cases

Legal challenge to fracking begins

A dairy farmer from Lancashire, with support from Greenpeace, has initiated legal proceedings against the practice of fracking in England. Greenpeace claims that landowners have a legal right to veto fracking from taking place underneath their land and property.

The dairy farmer, Andrew Pemberton, supplies milk to 3,000 households in Lancashire. He has said that he will lose his livelihood if the local water becomes contaminated as a result of fracking.

Tags
Environment Rights & Planning Law

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