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14 June 2007 / Alasdair Mackenzie
Issue: 7277 / Categories: Features , Public
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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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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