House of Lords Backs Appeal Court Against Government
Huang v Secretary of State for the Home Department; Kashmiri v Same [2007] UKHL 11
HL(E)
21 March 2007
Weekly Law Reports Summary
On an appeal under s 65 of the Immigration and Asylum Act 1999 from a refusal of leave to enter or remain in the United Kingdom, where the claimant did not qualify for entry under the Immigration Rules but relied on the family component of article 8 of the European Convention on Human Rights, the appellate immigration authority had to decide for itself,on up to date facts, whether the decision was lawful, as compatible with the Convention right, and, if it was not, the authority had to reverse it.