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Case law: Asylum, homeless persons and free competition in the EU

Some new and new(ish) law courtesy of the Incorporated Council of Law Reporting’s WLR Daily service.

RK (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 456;  [2011] WLR (D)  147 (CA)

IMMIGRATION — Asylum — Fear of persecution

There was no general rule to the effect that any returned asylum seeker who would be in a position to avoid risk of persecution only by falsely claiming to support the regime in his home country would be entitled to asylum; rather, it was necessary to make a close examination of the particular circumstances of the individual, as each case would turn on its own facts.

Sharif v Camden London Borough Council [2011] EWCA Civ 463;  [2011] WLR (D)  148 (CA)

LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation

A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available for occupation by the applicant together with any other persons who normally resided with her as members of her family within the meaning of section 176 of the 1996 Act.

Prezes Urzędu Ochrony Konkurencji i Konsumentów v Tele2 Polska sp zo o (now Netia SA) Case C-375/09;  [2011] WLR (D)  149 (ECJ)

EUROPEAN UNION — Free competition — Abuse of dominant position

A national competition authority, having examined whether there was an abuse of a dominant position pursuant to its own national law and pursuant to article 102FEU of the FEU Treaty (ex article 82EC of the EC Treaty), was not entitled to take a decision stating that there had been no breach of article 102FEU of the FEU Treaty.

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Filed under: Law reporting

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I am a law reporter employed by the Incorporated Council of Law Reporting for England & Wales. I write law reports for the Official Law Reports, the Weekly Law Reports and the Public and Third Sector Reports. I also write on a freelance basis for the Road Traffic Reports and the Times Reports.

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