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17 May 2007 / Charles Bourne
Issue: 7273 / Categories: Features , Human rights
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A mystery solved?

Charles Bourne takes stock of the House of Lords’ decision in Huang and another v Home Secretary

In Huang v Secretary of State for the Home Department; Kashmiri v Secretary of State for the Home Department [2007] UKHL 11, [2007] All ER (D) 338 (Mar), the House of Lords issued its ruling on the correct approach of immigration appellate authorities to appeals against decisions which are alleged to infringe Art 8 of the European Convention on Human Rights (the Convention). Mei Ling Huang and Ali Kashmiri had both sought leave to remain in the UK. Neither qualified under the Immigration Rules. Both claimed that the Home Secretary’s refusal of leave was unlawful by being incompatible with their right to respect for their family life under Art 8 of the Convention. The decision concerned the legal treatment of these cases, and involved no further exploration of the facts.

The importance for immigration cases is in clarifying the role of those who decide immigration appeals—since April 2005, the Asylum and Immigration Tribunal—as that of a decision maker

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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