“…of the ECtHR. He cited the most recent decision on the section, the decision of the Supreme Court in R (Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56; [2022] 2 WLR 133. In particular he referred to [99] of the judgment to demonstrate that the domestic court cannot come to a different view from the Strasbourg…”
“…principle in Ullah v Special Adjudicator [2004] UKHL 26, [2004] 2 AC 323, and R (on the application of Elan-Cane) v Secretary of State for the Home Department) [2021] UKSC 56; [2022] 2 WLR 133 requires the domestic courts to keep pace with Strasbourg, no more but no less. The claimant now accepts that the reading down of Section 146…”