- BY Colin Yeo
Points Based System flexibility to be considered by Supreme Court
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The case of Rodriguez, Mandalia and Patel [2014] EWCA Civ 2 is to be reconsidered by the Supreme Court, this months grants of permission reveals. The case concerns the ‘evidential flexibility’ policy that I think was first publicly revealed here on Free Movement. It is a chance for the Supreme Court to grapple with the insanely complex requirements of the PBS and consider whether the system is a fair and lawful one. Also going up to the Supreme Court is TN (Afghanistan) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 1609 on the issue of whether judicial review is an adequate remedy for the purposes of EU law on asylum.
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Also Supreme Court stayed application for PTA in EU (Afghanistan) & Ors v SSHD [2013] EWCA Civ 32 pending outcome of TN (Afg)