16 MAY 2005. The following notes of judgments were prepared by the reporters of the All England Law Reports.
Huang and others v Secretary of State for the Home Department ( EWCA Civ 105); CA (Judge, Laws, Latham LJJ) 1 March 2005.
Where an immigrant claimed on a statutory appeal to an adjudicator that his removal would be disproportionate under art 8 of the European Convention on Human Rights and therefore unlawful, the adjudicator was not confined to a review of the Secretary of State's decision to remove him. The adjudicator had to decide for himself, on the merits, whether or not the removal would be proportionate. In making that decision, he would be required to allow an appeal against removal or deportation brought on art 8 grounds if, but only if, he concluded that the case was so exceptional that on its particular facts that the imperative of proportionality demanded an outcome in the claimant's favour, notwithstanding that he could not succeed under the Immigration Rules.
Nicholas Blake QC, Raza Husain (TRP Solicitors) for the first appellant; Nicholas Blake QC, James Collins (Sheikh & Co) for the second appellant; Nicholas Blake QC, Ranjiv Collins (Luqmani Thompson & Partners) for the third appellant; Monica Carss-Frisk QC, Adam Robb (Treasury Solicitor) for the Secretary of State. …