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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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