IMMIGRATION

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,