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Words: | Submitted: Mon Jun 19 2006
... will potential remedies. As a result concrete advice can be given to the client. It will be submitted, however, that the three issues are not mutually exclusive, instead tangling together in a complicated manner. The thread of consent, though appearing in its own right in certain precedents, weaves right through data protection and human rights. Indeed, in using the decisive Immigration and Asylum acts 1999 and 2002, consent, or rather lack of it in Mr Apoe's case, can form the basis of a section 65 claim against the decision. The inter-related nature of the issues is highlighted by the fact that human rights also have a decisive role to play in this claim. Although it will be argued this is perhaps the most effective claim at the client's disposal, one divorced from the afore-mentioned act and premised solely on the Human Rights Act 1998 breach can also be raised. Yet ...
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