Huang & Anor v SSHD [2007] UKHL 11

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
17 October 2017

This judgment established that, when considering an appeal on Article 8 grounds, the Asylum and Immigration Tribunal (AIT) must consider for itself whether it is proportionate to require the individual to leave the UK or refuse him or her entry to the UK. In deciding that question, the AIT must not reduce the question to merely whether the case is exceptional as compared to other cases or the Immigration Rules.