Huang v Secretary of State for the Home Department
[2007] UKHL 11
Ratio Decidendi
When deciding immigration appeals engaging Article 8 ECHR, the appellate body must decide for itself whether the refusal of leave to enter or remain is proportionate, applying the structured proportionality test rather than simply reviewing the decision-maker's reasoning.
Fapte
Two immigration cases were heard together. Both appellants claimed that removal from the UK would breach their Article 8 right to respect for family life.
Rezumatul hotărârii
The House of Lords held that tribunals must conduct their own proportionality assessment. They should not simply ask whether the decision-maker's conclusion was within a range of reasonable responses, but must decide the ultimate question of proportionality for themselves.
Citate cheie
"The tribunal must decide for itself whether the impugned decision is unlawful as incompatible with a Convention right."
— Lord Bingham
Tratament ulterior
Standard authority on the role of tribunals in Article 8 immigration appeals.