header-logo header-logo

30 March 2007
Issue: 7266 / Categories: Case law , Law digest
printer mail-detail

IMMIGRATION

Huang v Secretary of State for the Home Department [2007] UKHL 11, [2007] All ER (D) 338 (Mar)

The House of Lords had to consider the decision-making role of appellate immigration authorities when deciding appeals, on Convention grounds, against refusal of leave to enter or remain.

HELD The first task of the appellate immigration authority is to establish the relevant facts, which may have changed since the original decision was made. The authority should test the evidence, assess the sincerity of the applicant’s evidence and the genuineness of his concerns, and evaluate the nature and strength of the family bond in the particular case.

The authority must consider and weigh all that tells in favour of the refusal of leave which is challenged, with particular reference to justification under Art 8(2) of the Convention, eg the general administrative desirability of applying known rules so that the system of immigration control is workable, predictable, consistent and fair between applicants; the damage to good administration and effective control if a system is perceived by applicants internationally to be unduly porous, unpredictable or perfunctory; and the need to discourage non-nationals admitted

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll