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John McKendrick appears in two Court of Appeal cases


John recently appeared before the Court of Appeal in two different cases, instructed, on both occasions, on behalf of the UK Government.

In TY (Sri Lanka) v Secretary of State for the Home Department [2015] EWCA 1233, John succeeded in having the appeal dismissed.

The Court held that in the absence of a ‘one stop notice’ pursuant to the Nationality Immigration and Asylum Act 2002, the First Tier and Upper Tribunals were correct to limit the jurisdiction of the Tribunal hearing the appellant’s appeal to EEA decisions and not wider human rights matters, which were sought to be raised.

The judgment can be found here.

John also appeared in Secretary of State for the Home Department v ZP (India) [2015] EWCA 1197 the first case where the Court of Appeal considered the correct approach to determining human rights in the context of an application to revoke a deportation order. The court noted that whilst the appeal was ‘well argued’ and that ‘powerful points’ were raised by the Secretary of State, the Upper Tribunal’s decision was not erroneous.

The judgment can be found here.

Barristers: John McKendrick QC
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