header-logo header-logo

14 June 2007 / Alasdair Mackenzie
Issue: 7277 / Categories: Features , Public
printer mail-detail

Public law update

HUMAN RIGHTS AND IMMIGRATION

In Huang (Respondent) v Secretary of State for the Home Department (Appellant); Kashmiri (Appellant) v SSHD (Respondent) [2007] UKHL 11, [2007] All ER (D) 338 (Mar) Mei Ling Huang was a Chinese national, who had spent much of the last 14 years in the UK, where most of her family lived. Ali Kashmiri was an Iranian whose immediate family had been granted asylum in the UK. Neither was of an age where any immigration rules regarding dependent relatives applied, and, when refused leave to enter or remain in the UK, each appealed in reliance on Art 8 (the right to respect for private and family life) of the European Convention on Human Rights (the Convention). Huang’s appeal was allowed by an adjudicator, but the Secretary of State for the Home Department (SSHD) appealed successfully to the Immigration Appeal Tribunal. Kashmiri’s appeal was dismissed by an adjudicator and he appealed unsuccessfully to the tribunal.

Proportionality

The two appeals (plus a third, not pursued before the House) had come before the Court

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll