header-logo header-logo

IMMIGRATION

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll