“…to act in a way that amounts 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 it…”
“…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 b…”