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One of the biggest issues over the last year or so has been the issue of article 8 and the new rules and to what extent article 8 is now encompassed within the rules we've had judgments like nag gray and Gulshan and most recently the Court of Appeal decision on the minimum income requirement mmm now there's been some controversy about whether there is a threshold requirement as to where article 8 needs to be considered outside of the rules the recent most recent judgement what I want to talk to you today about is a case called Ayala dyi and others I put the link in the notes on YouTube below this video and it's a napa tribunal decision in a judicial review and it's a decision by a per tribunal judge Gill and what judge Gill says in this case is there's nothing in na grey gull Shan or Shahzad which imposes a threshold test for consideration of article 8 outside of the rules and she follows the approach set out in mmm in paragraph 128 and the recent decision by Michael Fordham Queen's Counsel sitting as a deputy judge of the Queen's Bench division my probably mispronouncing its ganas gamma cannabis Alan and again the link is in this judgment that judgment of Michael Fordham is really helpful it's worth citing in judicial review grounds and it's also worth using in skeleton arguments before the tribunal so she says they weren't imposing a further threshold test in Nagre inches or just considering whether there was anything that needed to be considered that wasn't already exhausted by the rules so if you go to paragraph 19 of judge Gil's judgment she firstly gives some agreed principles she says it's not in dispute that section 6 of the Human Rights Act makes it unlawful for a public authority to act in a way that's incompatible with the Convention right well that we all know that secondly the judgment she said of the Supreme Court was course it was the House of Lords in hewan still applies well that's good because sometimes this the old jurisprudence has been forgotten about the hewan test is still the correct test she says this in point three Strasburg and domestic jurisprudence in relation to article eight still applies so cases like chicken Burr a still good law she then says appoint for there is nothing in Hawaiian or in domestic jurisprudence or stat Strasbourg Jews Putin's which supports the proposition that a threshold must be reached before the obligation to consider that article a claim arises likewise at 0.5 there is nothing in the judgment of MF Nigeria which requires that a threshold is necessary before proportionality can be considered so they were agreed propositions she then a paragraph 20 summarizes what is said in the head note that where it talked about good arguable grounds in nagrand Gulshan this was not a threshold test it was just considering whether there.

FAQ

Why do immigrants have to fill out so many forms to be granted access to the United States?
I’m assuming that it has to do with national security, etc. My question is why shouldn’t they have to do this? LEGAL immigrants work really hard to be citizens of the US. That’s the way it should be for someone who wants something strongly enough.
What happens to all of the paper forms you fill out for immigration and customs?
Years ago I worked at document management company.  There is cool software that can automate aspects of hand-written forms.  We had an airport as a customer - they scanned plenty and (as I said before) this was several years ago...On your airport customs forms, the "boxes" that you 'need' to write on - are basically invisible to the scanner - but are used because then us humans will tend to write neater and clearer which make sit easier to recognize with a computer.  Any characters with less than X% accuracy based on a recognition engine are flagged and shown as an image zoomed into the particular character so a human operator can then say "that is an "A".   This way, you can rapidly go through most forms and output it to say - an SQL database, complete with link to original image of the form you filled in.If you see "black boxes" at three corners of the document - it is likely set up for scanning (they help to identify and orient the page digitally).  If there is a unique barcode on the document somewhere I would theorize there is an even higher likelihood of it being scanned - the document is of enough value to be printed individually which costs more, which means it is likely going to be used on the capture side.   (I've noticed in the past in Bahamas and some other Caribbean islands they use these sorts of capture mechanisms, but they have far fewer people entering than the US does everyday)The real answer is: it depends.  Depending on each country and its policies and procedures.  Generally I would be surprised if they scanned and held onto the paper.   In the US, they proably file those for a set period of time then destroy them, perhaps mining them for some data about travellers. In the end,  I suspect the "paper-to-data capture" likelihood of customs forms ranges somewhere on a spectrum like this:Third world Customs Guy has paper to show he did his job, paper gets thrown out at end of shift. ------  We keep all the papers! everything is scanned as you pass by customs and unique barcodes identify which flight/gate/area the form was handed out at, so we co-ordinate with cameras in the airport and have captured your image.  We also know exactly how much vodka you brought into the country. :)
What forms do I need to fill out to get a judge to grant permission to take a child out of the country for a 2-week vacation when the other parent doesn't want to?
There are no specific forms for that and the courts will not be involved in adjudicating fights between parents over a two week holiday. This is not something you just send in to get a stamp. There would be a hearing and a full court case. This will be a very expensive holiday!I suggest you contact a lawyer if you want to pursue this, or go somewhere else for your holiday.
How do I fill out a Canadian immigration form without any agent?
The questions are not difficult. Just make sure that you answer them all completely & don’t leave anything out.Make sure that you’re using the latest versions of the forms.There are many forms to fill out & your answers will all be verified.I assume that you can read in English?Most Immigration agents are just there to take your money & using any of them does nothing to advance your case in the eyes of Immigration officials.You can find more information on the CIC website. Immigration and citizenshipYou should study everything on this site very carefully.When I sponsored my British wife 2 years ago, I found this forum to be the most helpful website of all. http://www.canadavisa.com/canada...You can spend hours & days reading accounts of issues that others have had before you.Best of luck to you!
Who is the judge in Patiala House Court that grants relief to Chidambaram Sr. & Jr. in Aircel Maxis scam?
It is not the question of the person who sat as judge that matter. It is the presentation of facts of case by prosecution which prompted the judge to grant bail, that matters much.We need to understand that no citizen of India can be confined to the precincts of jail unless it is strongly believed by the justice that the accused will perpetuate his crime if he is left free to roam in the society and do further damage or tarnish the evidences of the case while the same being in trail.While many crimes under the I.P.C. are non bailable, the courts would critically examine the case at initial stage and grant bail with or without conditions, if they are convinced that the accused can do no more harm.Under the circumstances,in cases of white collar offences , it is quite difficult for the prosecution to prevent bail of the accused.