“…mounts to such a threat: see R v Bouchereau [1978] 1 QB 732 at §§28-30; see also Straszewski v Secretary of State for the Home Department [2015] EWCA Civ 1245, [2016] 1 WLR 1173, §25. In an exceptional case past conduct alone may be sufficient for the purpose, but in this case the UT made clear it was not founding its decision on past …”
“…icable under ordinary principles of domestic law is illustrated by the discussion in Straszewski v Secretary of State for the Home Department [2015] EWCA 1245, [2016] 1 WLR 1173, in particular at paras 11-20, much of which is quoted at para 16 of the judgment below. The approach required in an EEA case is fundamentally inconsistent wit…”
“…However, in the more recent case of Straszewski v Secretary of State for the Home Department [2015] EWCA Civ 1245; [2016] 1 WLR 1173, at para. 19, Moore-Bick LJ said that he could see “some force in Mr Drabble’s submission that the decision in ex p. Marchon can no longer be regarded as repre…”