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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

Clyde & Co—Suriya Ashok

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Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

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NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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