header-logo header-logo

27 September 2007 / Eloise Power
Issue: 7290 / Categories: Features , Immigration & asylum , Human rights
printer mail-detail

Life after Huang

Could exceptionality return through the back door?
Eloise Power reports

The appellant in AG (Eritrea) v Secretary of State for the Home Department [2007] EWCA Civ 801, [2007] All ER (D) 490 (Jul) was a victim of torture of mixed Ethiopian and Eritrean parentage who was born and brought up in Ethiopia and had never lived in Eritrea. He had arrived in the UK and applied for asylum in August 1999, when he was aged 14. In subsequent years he built up private life ties in the UK. His ties included his education and the receipt of psychological support. The Home Office refused his asylum application four years later and set removal directions for Eritrea rather than Ethiopia.

His appeal to an adjudicator was allowed on asylum and on human rights grounds, including Art 8 (right to family and private life) of the European Convention on Human Rights (the Convention). This decision was overturned on reconsideration, save for the favourable findings about credibility. Permission to appeal was granted by Lord Justice Carnwath.
In a

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll